Ashtahf Ali C vs The Executive Engineer
2022 Latest Caselaw 4991 Ker

WP(C) No.15210/2022                      1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE GOPINATH P.
             Wednesday, the 4th day of May 2022 / 14th Vaisakha, 1944
                           WP(C) NO. 15210 OF 2022 (A)
   PETITIONER:

          ASHTAHF ALI C., AGED 35 YEARS, S/O. ASHRAF ALI.P P.W.D.CONTRACTOR
          'AFNNANA MANZIL' BERKA BELKAD, CHENGALA, KASARAGOD DISTRICT, PIN -
          671 541.

   RESPONDENTS:

      1. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION,
         KOZHIKODE - 673 001.
      2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM -
         695 001.
      3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT PUBLIC WORKS
         DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

        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 issue an interim direction to the first respondent to permit
   the petitioner to execute the agreement pursuant to Ext.P8, without
   insisting for furnishing of additional performance guarantee, within two
   weeks, pending disposal of the above writ petition (civil).
        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.M.SASINDRAN & S.SHYAM KUMAR, Advocates for the petitioner and of
   GOVERNMENT PLEADER for Respondents, the court passed the following:



                                                                        (p.t.o)
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                                        GOPINATH P., J.
                           -------------------------------------------------
                                   W.P (C) No.15210 OF 2022
                           -------------------------------------------------
                           DATED THIS THE 4th DAY OF MAY, 2022

                                            ORDER

Admit.

Government Pleader takes notice for respondents.

In view of the judgment of this court in W.P (C) No.2558 and 4140/2022,

there will be an interim order in this writ petition directing the respondents to

permit the petitioner to execute agreements without insisting on providing

Additional Performance Guarantee, provisionally and subject to the outcome of

the writ petition.

Sd/-

GOPINATH P.

                                                                JUDGE
      AMG




04-05-2022                          /True Copy/                                Assistant Registrar
 WP(C) No.15210/2022                 3/3

                       APPENDIX OF WP(C) 15210/2022
Exhibit P8            TRUE COPY OF THE LETTER DATED 18.04.2022 ISSUED BY THE

1ST RESPONDENT TO THE PETITIONER.