P.Bhaskaran vs The Executive Engineer
2021 Latest Caselaw 20887 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                      WP(C) NO. 25128 OF 2010
PETITIONER:

            P.BHASKARAN
            'PRANAVAM'KOOVODE, P.O.KUTTIKKOL,, THALIPARAMBA,
            KANNUR DISTRICT.
            BY ADVS.
            SRI.M.RAMESH CHANDER
            SMT.K.A.SANJEETHA

RESPONDENTS:

    1    THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT
         (BUILDINGS DIVISION),, OFFICE OF THE EXECUTIVE
         ENGINEER,, THALASSERY-670101
    2    STATE OF KERALA REPRESENTED BY
         SECRETARY TO GOVERNMENT,, PUBLIC WORKS
         DEPARTMENT,, TRIVANDRUM-695001
 ADDL.R3 K.UNNIKRISHNAN
         AGED 40 YEARS, S/O.KUNHUMBU, BUSINESS, ALEEKEEL
         HOUSE, PLANTHOTTUM, THALIPARAMBU AMSOM, KOOZHATOOR
         DESOM, THALIPARAMBU TALUK.
 ADDL.R4 M.P.C.KUNHIRAMAN
         S/O. RAMAN, AGED 68 YEARS, BUSINESS, MOOLAYIL
         PURAYIL CHERAMPETH HOUSE, KANUL.P.O., MORAZHA
         AMSOM, THALIPARAMBU TALUK.


            [ADDL.R3 AND ADDL.R4 ARE IMPLEADED AS PER ORDER
            DATED 16.11.11 IN IA NO.18062/11 AND IA
            NO.18350/11 RESPECTIVELY IN WPC 25128/2010]
            BY ADV SRI.P.M.HABEEB
            ADV.VIDYA KURIAKOSE, GP


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   06.10.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.25128/2010

                                   2




                  P.V.KUNHIKRISHNAN, J.
                   --------------------------------
                  W.P.(C).No.25128 of 2010
            ----------------------------------------------
          Dated this the 06th day of October, 2021


                            JUDGMENT

This writ petition is filed with following prayer:

This Hon'ble Court may be pleased to call for the records and to issue a writ of mandamus directing or compelling the respondents to make the payment to the petitioner with respect to the construction of AEO's Office, Iritty and part payment towards construction of Peravoor Rest House as per agreement bearing No.SE(K)1/04-05 dated 5.4.2004 forthwith.

2. Today, when this writ petition came up for

consideration, the Government Pleader submitted that the

entire amount due as per Ext.P2 statement is paid to the

petitioner and nothing survives in this writ petition. The

counsel for the petitioner submitted that he was not able to

contact the party.

3. In the light of the submission from the side of the

Government Pleader, I think this writ petition can be closed. W.P.(C).No.25128/2010

Hence this writ petition is closed, recording the

submission of the Government Pleader.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.25128/2010

APPENDIX OF WP(C) 25128/2010

PETITIONER EXHIBITS Exhibit P1 COPY OF THE COMMUNICATION NO.E1-

555/2010 DATED 6.3.2010 Exhibit P2 COPY OF THE STATEMENT GIVEN BY THE SECRETARY, TALIPARAMBA MUNICIPALITY DT.4.7.2008 Exhibit P3 COPY OF THE RESPRESENATION BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.10.2007 Exhibit P4 TRUE COPY OF THE COMMUNICATION NO.D2/1397/2003-04 OF THE ASST.EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, THALASSERY, DT. NIL Exhibit P5 TRUE COPY OF THE PROFORMA FOR EXTENSION OF TIME BY THE ASST.

EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, THALASSERY, DT. NIL Exhibit P6 TRUE COPY OF HTE COMMUNICATION BY THE PETITIONER DATED 2.5.2005.

Exhibit P7 COPY OF THE REPRESENTATION BY THE PETITIONER DATED 7.3.2010 Exhibit P8 COPY OF THE REPRESENTATION BY THE PETIITONER DATED 22.3.2010 Exhibit P2 TRUE COPY OF THE ORDER IN G.O.(RT) NO.1153/2011/PWD DATED 05.9.2011