K.M. Jalal vs The Chief Engineer
2023 Latest Caselaw 6450 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                        WP(C) NO. 17813 OF 2023
PETITIONER:

          K.M. JALAL ,
          AGED 67 YEARS
          S/O MOHAMMED , KANNANCHAKKASSERIL HOUSE, PATTANAM,
          VADAKKEKKARA P.O. , NORTH PARAVUR, ERNAKULAM DISTRICT-
          680352

          BY ADV A.G.VISWAMBHARAN



RESPONDENTS:

    1     THE CHIEF ENGINEER,
          HARBOR ENGINEERING DEPARTMENT, THIRUVANANTHAPURAM-
          695009

    2     THE EXECUTIVE ENGINEER,
          HARBOUR ENGINEERING DEPARTMENT, HARBOUR ENGINEERING
          DIVISION, PONNANI , MALAPPURAM DISTRICT, KERALA, PIN -
          679583


OTHER PRESENT:

          SMT.VIDYA KURIAKOSE,GP.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.17813 of 2023

                                   2

                 P.V.KUNHIKRISHNAN
             ---------------------
                W.P (C) No.17813 of 2023
          ---------------------------
            Dated this the 13th day of June, 2023

                            JUDGMENT

This writ petition is filed with the following prayers:-

"1) To issue a writ of mandamus or any other appropriate writ , order or direction, directing the respondent 2 to consider and dispose of Ext P5 letter urgently.

2) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent 2 to keep in abeyance Ext. P4 notice inviting new tender till the disposal of Ext. P5.

3) To issue such other order or direction, as this Hon'ble Court may deems fit and proper, in the interest of justice. " (SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that the

petitioner will be satisfied if a direction is issued to the 2 nd

respondent to consider Ext.P5 within a time frame.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 2 nd respondent to

consider Ext.P5, within a time frame.

Therefore, this writ petition is disposed of with the W.P (C) No.17813 of 2023

following directions:-

i) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P5, as expeditiously as possible, at any rate, within one week from the date of receipt of a certified copy of this judgment and intimate the result to the petitioner.

ii) The 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

JUDGE

bng W.P (C) No.17813 of 2023

APPENDIX OF WP(C) 17813/2023

PETITIONER EXHIBITS

Exhibit P1 A COPY OF THE JUDGEMENT IN W.P.(C) 14658/2021 DT.23/07/2021OF THIS HONOURABLE COURT

Exhibit P2 A COPY OF THE MINUTES OF THE MEETING CONVENED AS PER THE DIRECTION OF THIS HONOURABLE COURT IN W.P.(C) 14658/2021 DT.02/09/2021

Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY R2 DATED 15/05/2023 TO THE PETITIONER

Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE E-TENDER NOTICE NO.02/HED/EEM/2022- 23 DATED 19/05/2023 ISSED BY R2

Exhibit P5 A TRUE COPY OF THE LETTER ADDRESSED TO THE EXECUTIVE ENGINEER (R2) DATED 09/05/2023 BY THE PETITIONER