P.P.Ajithkumar vs The Superintending Engineer
2023 Latest Caselaw 8232 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE AMIT RAWAL
     TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                      WP(C) NO. 3696 OF 2014
PETITIONER/S:
           P.P.AJITHKUMAR
           PWD CONTRACTOR, PUTHENPURACKAL HOUSE, NELLAD PO,
           MUVATTUPUZHJA 686 721

          BY ADVS.
          SRI.MURALI PURUSHOTHAMAN
          SRI.DEEPU LAL MOHAN
          SRI.RAJAN JACOB MUNDACKAL



RESPONDENT/S:
     1     THE SUPERINTENDING ENGINEER
           OFFICE OF THE SUPERINTENDING ENGINEER, PWD ROADS &
           BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM

    2     THE CHIEF ENGINEER
          P.W.D. ROADS & BRIDGES, PUBLIC OFFICE, MUSEUM.P.O.,
          THIRUVANANTHAPURAM - 695 633.

    3     THE EXECUTIVE ENGINEER
          P.W.D.ROADS DIVISION, P.W.D.OFFICE COMPLEX, KOTTAYAM -
          686 001.

          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          GOVERNMENT PLEADER, SRI. APPU PS


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 3696 OF 2014
                                     2

                            JUDGMENT

Counsel for the petitioner after arguing for sometimes that it

involves a disputed question of fact as certain documents with

regard to the interpretation of the clauses of the contract, payment

made by the respondents and deductions required a detailed

evidence and proof, seeks permission to withdraw the writ petition

with a liberty to avail alternative remedy. Ordered accordingly.

Sd/-

sab AMIT RAWAL JUDGE WP(C) NO. 3696 OF 2014

APPENDIX OF WP(C) 3696/2014

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF SELECTION NOTICE NO. DB 11/1965/10 DATED 24/11/2011 ISSUED TO THE PETITIONER BY THE RESPONDENT

EXHIBIT P2 COPY OF AGREEMENT NO.67/SESC/2011-12 DATED 16/12/2011 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT

EXHIBIT P3 COPY OF LETTER DATED 12/12/2012 SUBMITTED BY THE PETITIONER BEFORE THE EXECUTIVE ENGINEER, PWD ROADS DIVISION

EXHIBIT P4 COPY OF LETTER NO. DB2(2)- 72/R71/G1/12 DATED 14/10/2013 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE EXECUTIVE ENGINEER, PWE ROAD DIVISION TOGETHER WITH ENCLOSURES

EXHIBIT P5 COPY OF LETTER NO. AB5(3)- 376/12 DATED 19/4/2013 ISSUED TO THE PETITIONER BY THE EXECUTIVE ENGINEER

EXHIBIT P6 COPY OF REPRESENTATION DATED 11/5/2013 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

EXHIBIT P7 COPY OF LETTER NO. DB- 11/1965/2010 DATED 4/9/2013 ISSUED TO THE PETITIONER BY THE RESPONDENT