Sirly Jose vs The Superintendent Of Engineer
2021 Latest Caselaw 18353 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA,
                                   1943
                       WP(C) NO. 17746 OF 2021
PETITIONER/S:

               SIRLY JOSE,
               AGED 56 YEARS, S/O. JOSE,
               VALIYAPARAMBIL HOUSE, P.W.D CONTRACTOR,
               THACHAMPARA POST, MANNARKAD,
               PALAKKAD DISTRICT,PIN-678 593
               BY ADV C.A.JOJO

RESPONDENT/S:

    1          THE SUPERINTENDENTING ENGINEER,
               MINOR IRRIGATION CIRCLE,
               KOWDIAR P.O., THIRUVANANTHAPURAM,
               PIN-695 003
    2          THE EXECUTIVE ENGINEER,
               MINOR IRRIGATION CIRCLE,
               MINI CIVIL STATION,
               KOTTAYAM, PIN-686 001
    3          THE ASST.ENGINEER,
               MINOR IRRIGATION CIRCLE,
               KURUPAMTHARA, KOTTAYAM, PIN-686 603
    4          THE ASST.EXECUTIVE ENGINEER,
               MINOR IRRIGATION SUB -DIVISION PALA,
               MINI CIVIL STATION, PALA, PIN-686 575
               BY SRI.CYRIAC KURIAN, SPL.GOVERNMENT PLEADER

        THIS    WRIT   PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   07.09.2021,    THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.17746 of 2021              ..2..




                   W.P.(C)No.17746 of 2021
            ------------------------------------------------
                           JUDGMENT

The grievance of the petitioner in the writ petition

concerns the seniority of the part bill raised in respect of a

work which is being executed by the petitioner as a

contractor. It is alleged by the petitioner in the writ petition

that on account of a defect in the bill which is not attributable

to the petitioner, he is likely to lose the seniority of the bill.

2. The learned Government Pleader, on

instructions, submits that the seniority of the bill of the

petitioner referred to in the writ petition will not be affected

on account of the defect pointed out.

In the circumstances, the writ petition is closed

recording the submission made by the learned Government

Pleader.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj W.P.(C) No.17746 of 2021 ..3..

APPENDIX OF WP(C) 17746/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE AGREEMENT NO.57/SEMI/2019-20 WITH AGREEMENT SCHEDULE AND DRAWING DATED 06.12.2019 Exhibit P2 A TRUE COPY OF THE RELEVANT PAGES OF THE M BOOK CHECK MEASURED BY THE 4TH RESPONDENT FROM 19.02.2020 TO 30.04.2021 Exhibit P3 A TRUE COPY OF THE PART-WORK BILL PREPARED BY THE 3RD RESPONDENT AND CERTIFIED BY HIM DATED 15.07.2021 Exhibit P4 A TRUE COPY OF THE LETTER NO.E4/2018/2534/IA ISSUED BY THE 2ND RESPONDENT DATED 11.08.2021 Exhibit P5 A TRUE COPY OF THE LETTER NO.E/4-

2018/2534/IA ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 15.02.2020 Exhibit P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 26.08.2021