Najeeb Mannel vs The General Manager
2021 Latest Caselaw 12544 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MRS. JUSTIICE ANU SIVARAMAN

    TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943

                      WP(C) NO. 10318 OF 2021

PETITIONER:

          NAJEEB MANNEL
0




          AGED 54 YEARS, S/O. ALIKUNJU, MANNEL COTTAGE,
          EDAKULANGARA P.O, KARUNAGAPPALLY, KOLLAM DISTRICT.

          BY ADVS.
          S.SHANAVAS KHAN
          SMT.S.INDU

RESPONDENTS:
     1    THE GENERAL MANAGER
          SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN ,
          CHENNAI - 600003.

    2     THE CHIEF ADMINISTRATIVE OFFICER(CONSTRUCTION)
          SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN,
          EGMORE, CHENNAI - 600003.

    3     THE DEPUTY CHIEF ENGINEER - III (CN)
          ERNAKULAM CIRCLE, SOUTHERN RAILWAY, ERNAKULAM -
          682026.

    4     THE DEPUTY CHIEF ENGINEER - II
          CONSTRUCTION, SOUTHERN RAILWAY, THIRUVANANTHAPURAM -
          650014.

    5     THE DEPUTY FINANCIAL ADVISOR
          AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN
          RAILWAY, ERNAKULAM - 682016.

    6     THE DEPUTY FINANCIAL ADVISOR
          AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN
          RAILWAY, THIRUVANANTHAPURAM - 650014.
OTHER PRESENT:
          SC A. DINESH RAO

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10318 OF 2021
                                     2




                              JUDGMENT

Dated this the 25th day of May, 2021

This writ petition is filed seeking directions to the 3rd and

5th respondents to pay an amount of Rs.27,19,254/- due to the

petitioner by the way of final bill and price variation Clause in

respect of Ext.P1 agreement as also for the release of

Rs.11,60,630/- due by the way of Security Deposit and the

amount due under the GST utilization.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the Indian Railways.

3. It is submitted by the learned Standing Counsel that

an amount of Rs.27,19,254/- is due as final bill and that the

amount can be paid without delay.

4. There will, accordingly, be a direction to the

competent among the respondents to take appropriate steps to

see that the amount of Rs.27,19.254/- due to the petitioner as

final bill in respect of Ext.P1 agreement is released within a

period of two months from the date of receipt of a copy of this

judgment. The amount due to the petitioner as Security Deposit

WP(C) NO. 10318 OF 2021

and GST utilization shall also be released in terms of the

agreement without delay to the petitioner.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/25.05.2021

WP(C) NO. 10318 OF 2021

APPENDIX PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE CONTRACT AGREEMENT DATED 31.05.2017.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 08.04.2021 FROM THE OFFICE OF THE 5TH RESPONDENT.