Kerala High Court
K. P. Joshy vs The Executive Engineer on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 24573 OF 2023
PETITIONER:
K. P. JOSHY
AGED 48 YEARS
S/O PORINJU, AGED 48 YEARS, KALAPPURA HOUSE,
P.W.D CONTRACTOR, KALLOOR P.O, THRISSUR DISTRICT,
PIN - 680317
BY ADVS.
C.A.JOJO
SWATHY S.
RESPONDENTS:
1 THE EXECUTIVE ENGINEER
IRRIGATION DIVISION THRISSUR, CHEMBUKKAVU P.O,
THRISSUR, PIN - 680020
2 THE TREASSURY OFFICER
DISTRICT TREASSERY, ANAKKACHERY BUILDING, STATUE
THIRUVANANTHAPURAM, PIN - 695001
BY ADV.
SMT.VIDHYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.24573 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.24573 of 2023
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Dated this the 14th day of August, 2023
JUDGMENT
The above writ petition is filed with the
following prayers:
"a) To issue a writ order or direction to
the 1st and 2nd respondents to pay the EMD
amount to the petitioner with interest on top
priority basis within a short period.
b) To issue a writ order or direction to
the 1st and 2nd respondents to pay the EMD
amount to the petitioner without insisting any
other procedures to release the amount.
C) To issue an order to dispense with the
English translation of the Exhibits produced in
the writ petition.
d) To grant the petitioner such other
reliefs which this Hon'ble court deem just and
WP(C) NO.24573 OF 2023
fit in the circumstance of the case including the
cost of this proceedings."[SIC]
2. Petitioner is a PWD contractor. The case
of the petitioner is that, in the year 2019, he
participated in a tender proceedings in Thrissur
Irrigation Division for flood related urgent
rectification work. Petitioner completed the work
in time and submitted a request for releasing the
EMD amount of Rs.50,000/- before the 1 st
respondent. After repeated request, an amount
of Rs.3,000/- was released and the balance
amount of Rs.47,000/- was not released, is the
grievance. Hence this writ petition is filed.
3. Heard the learned counsel appearing for
the petitioner and the learned Government
Pleader.
4. When this writ petition came up for
WP(C) NO.24573 OF 2023
consideration, this Court directed the Government
Pleader to get instruction. The Government
Pleader after getting instructions submitted that,
as per Ext.P4, the officer concerned issued a
notice to the petitioner to produce certain
documents and the same was produced on
26.06.2023. Now the matter is pending before
the 2nd respondent. If that be the case, there can
be a direction to the 2 nd respondent to process the
same and disburse the eligible amount to the
petitioner forthwith.
Therefore, this writ petition is disposed of
with the following directions:
i. The 2nd respondent is directed to
take appropriate steps to disburse the eligible
EMD amount to the petitioner, as
expeditiously as possible, at any rate, within a
WP(C) NO.24573 OF 2023
period of one month from the date of receipt
of a certified copy of this judgment.
ii. Petitioner will produce a certified
copy of this judgment along with a copy of
this writ petition before the 2nd respondent for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO.24573 OF 2023
APPENDIX OF WP(C) 24573/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE E-TENDER IN
BID ID NO.707923 BID DATED
03.08.2019
EXHIBIT P2 A TRUE COPY OF THE BANK STATEMENT
OF THE PETITIONER DATED
26.10.2022
EXHIBIT P3 A TRUE COPY OF THE LETTER FROM
THE 1ST RESPONDENT DATED
08.03.2023
EXHIBIT P4 A TRUE COPY OF THE LETTER FROM
THE 1ST RESPONDENT DATED
20.05.2023
EXHIBIT P5 A TRUE COPY OF THE COVERING
LETTER DATED 02.06.2023
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
