Jacob Mathew vs State Of Kerala
2023 Latest Caselaw 7133 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                         W.P.(C) NO.20412 OF 2023
PETITIONER:

              JACOB MATHEW,
              AGED 56 YEARS, S/O. JOSEPH MATHAI,
              VALAVANAL HOUSE,
              NARANAMOOZHI P.O, ATHIKAYAM, RANNI,
              PATHANAMTHITTA DISTRICT, PIN-689 711.

              BY ADVS.
              JOSEPH GEORGE
              BIJO THOMAS GEORGE
              P.A.REJIMON
              SAJEEV JOHN T.


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT,
              WATER RESOURCES (IRRIGATION DEPARTMENT),
              GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN-695 001.

     2        THE SUPERINTENDING ENGINEER,
              MINOR IRRIGATION CIRCLE, 5TH FLOOR,
              JALA VIJNANA BHAVAN, MUTTADA ROAD, AMBALAMUKKU,
              KOWDIAR P.O, THIRUVANANTHAPURAM, PIN-695 003.

     3        THE EXECUTIVE ENGINEER,
              MINOR IRRIGATION DIVISION, HANNA TOWER,
              SANTHOSH JUNCTION, PATHANAMTHITTA, PIN-689 645.

     4        THE ASSISTANT EXECUTIVE ENGINEER
              MINOR IRRIGATION SECTION, MALLAPPALLY,
              PATHANAMTHITTA DISTRICT, PIN-689 585.

              SRI.B.S.SYAMANTAK, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        -2-
W.P.(C) NO.20412 OF 2023


                       P.V. KUNHIKRISHNAN, J.
                -------------------------------------------
                      W.P.(C) No.20412 of 2023
                -------------------------------------------
                Dated this the 23rd day of June, 2023

                                 JUDGMENT

The above writ petition is filed with the following prayers:-

i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st and 2nd respondents to take a decision regarding closure of work and relieving the petitioner from the contractual obligations in respect of Agreement No: 15/SEMI/2010-11 dated 31-05-2010, executed with the 2nd respondent for execution of the work of revamping of Lift Irrigation Scheme- Cheriyapadom under Minor Irrigation Section Mallappally;

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to make payment to the petitioner for the works executed by him based on Agreement No: 15/SEMI/2010-11 dated 31-05-2010;

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2 nd respondent to release the retention amount and the security deposit to the petitioner in respect of

W.P.(C) NO.20412 OF 2023

the work executed as per Agreement No: 15/SEMI/2010-11 dated 31-05-2010;

iv) grant such other further reliefs as this Hon'ble Court may deem fit and proper in the interest of justice.

v)dispense with the filling of translation of vernacular documents;

2. It is the case of the petitioner that he has completed

the work allotted to him and is facing financial difficulties due to

the non-payment of the amount for the work executed by him.

It is also submitted that the 1st and 2nd respondents has to take

a final decision regarding relieving of the petitioner from the

work by simultaneously directing them to prepare and sanction

the final bills for the works executed by the petitioner. The

petitioner already submitted Ext.P1. The petitioner relied

Exts.P2 and P3 also. Ext.P1 is not considered is the grievance.

3. After hearing both sides, I am of the considered

opinion that this writ petition itself can be disposed of directing

the 2nd respondent to consider Ext.P1 taking into consideration

of Exts.P2 and P3.

W.P.(C) NO.20412 OF 2023

Therefore, this writ petition is disposed of with the

following directions:-

i) The 2nd respondent is directed to consider and pass appropriate orders in Ext.P1 taking into consideration of Exts.P2 and P3, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

ii) I make it clear that I have not considered the matter on merits and the 2nd respondent is directed to pass appropriate orders in accordance with law.

iii) 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 bpr

W.P.(C) NO.20412 OF 2023

APPENDIX OF WP(C) 20412/2023

PETITIONER'S EXHIBITS

Exhibit P-1 TRUE PHOTOCOPY OF LETTER DATED 24-05-2018 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.

Exhibit P-2 TRUE PHOTOCOPY OF THE LETTER NO:

W3 T-741-A/2010/SEMI DATED 06-06-2018 ISSUED BY THE 2ND RESPONDENT.

Exhibit P-3 TRUE PHOTOCOPY OF LETTER NO: AB-2-1346/14 DATED 30-05-2019 ISSUED BY THE 3RD RESPONDENT.