Mohammed Ali vs State Of Kerala
2022 Latest Caselaw 6327 Ker

WP(C) No.16105/2022                        1/3




                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE V.G.ARUN
                  Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
                                WP(C) NO. 16105 OF 2022(K)
   PETITIONER:

          MOHAMMED ALI, PULLIYIL MADASSERI HOUSE, MELMURI.P.O., MALAPPURAM.,
          PIN - 676517

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PORTS
         AND FISHERIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN -
         695001
      2. THE CHIEF ENGINEER, O/O. CHIEF ENGINEER, HARBOUR ENGINEERING
         DEPARTMENT, KAMALESHWARAM, MANACAUD.P.O., THIRUVANANTHAPURAM., PIN -
         695009
      3. THE SUPERINTENDING ENGINEER O/O. SUPERINTENDING ENGINEER, HARBOUR
         ENGINEERING DEPARTMENT (NORTH CIRCLE), PUTHIYANIRATHU, ELATHUR.P.O.,
         KOZHIKODE., PIN - 673303

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to pass an order to stay all further proceedings pursuant to
   Ext.P17, pending disposal of the W.P.(C).
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S. P.SHANES METHAR & N.KRISHNA PRASAD, Advocates for the petitioner and
   of GOVERNMENT PLEADER      for the respondents, the court passed the
   following:-




        P.T.O.
 WP(C) No.16105/2022                          2/3




                                   V.G.ARUN (J)
                                 ----------------------
                           W.P.(C) No.16105 of 2022
             --------------------------------------------------------------
                    Dated this the 3rd day of June, 2022

                                      ORDER

Admit. Learned Government Pleader takes notice for the

respondents.

Having heard the learned Counsel for the petitioner and

the learned Government Pleader, I find that the question as to

whether the respondents are entitled to unilaterally realise risk

and cost from the petitioner, requires detailed hearing.

The petitioner relies on the decision of this Court in

Kaikkara Construction Company v. State of Kerala and

Another [2022 (2) KHC 541] while the learned Government

Pleader submits that the said judgment is in appeal.

Post after a month. Till such time, coercive steps based on

Ext.P17 shall be kept in abeyance.

Sd/-

                                                       V.G.ARUN
                                                        JUDGE

        RK



03-06-2022                     /True Copy/                        Assistant Registrar
 WP(C) No.16105/2022                 3/3

                       APPENDIX OF WP(C) 16105/2022
Exhibit P17           TRUE COPY OF THE ORDER / PROCEEDINGS OF THE 3RD
                      RESPONDENT DATED 09.03.2022