T.Asokan vs State Of Kerala
2023 Latest Caselaw 5895 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                    WP(C) NO. 16532 OF 2023
PETITIONER/S:

            T.ASOKAN,AGED 69 YEARS
            S/O.KUNHIKANDAN, PATTALIL HOUSE,
            CHELAVOOR PO KOZHIKODE DISTRICT-,
            PIN - 675571
            BY ADVS.
            K.MOHANAKANNAN
            H.PRAVEEN (KOTTARAKARA)


RESPONDENT/S:

    1       STATE OF KERALA,
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            LOCAL SELF GOVERNMENT DEPARTMENT,
            THIRUVANANTHAPURAM-, PIN - 695001
    2       THE CHIEF ENGINEER
            KERALA STATE RURAL ROADS DEVELOPMENT AGENCY,
            REVENUE COMPLEX, VIKAS BHAVAN,
            THIRUVANANTHAPURAM-, PIN - 695003
    3       THE EXECUTIVE ENGINEER,
            PIU (PMGSY)NORTH KALPETTA,
            WAYANAD DISTRICT -, PIN - 673122
OTHER PRESENT:

            SRI.B.S.SYAMANTAK, GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   24.05.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 16532 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 16532 of 2023
                         =============================================================

                      Dated this the 24th day of May, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"i. To issue a Writ of mandamus or any other appropriate writ or order or direction directing the 2nd Respondent to consider Ext.P3 and pass appropriate orders in the light of Ext.P1 Government order within a time frame to be fixed by this Hon'ble Court and communicate the same to the Petitioner.

ii. To issue a Writ of mandamus or any other appropriate writ or order or direction directing the 3 rd Respondent to defer further action pursuant to the 2nd Respondent;

iii. To dispense with filing of the translation of vernacular documents;

iv) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice." (sic)

W.P.(C). No. 16532 of 2023

2. The Petitioner is an 'A' class PWD Contractor who has

undertaken major civil works for the last 40 years. The Petitioner

entered into an agreement for maintenance of Vellamunda-

Mothakara-Thottuppally in Mananthavady Village on 17-2-2021.

Work is in progress. Now some additional work had been

entrusted and agreement is yet to be executed. The petitioner

submitted Ext.P3 before the 2nd respondent. The grievance of he

petitioner is that the same is not considered.

3. Heard the counsel for the petitioner and the

Government Pleader.

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

can be disposed of directing the 2nd respondent to consider Ext.P3

within a time frame.

Therefore, this writ petition is disposed of in the following

manner:

W.P.(C). No. 16532 of 2023

1. The 2nd respondent is directed to consider and pass appropriate orders in Ext.P3 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment after giving an opportunity of hearing to the petitioner.

2. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 2nd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 16532 of 2023

APPENDIX OF WP(C) 16532/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER GO(P)NO.54/2019/FIN. DATED 04-05-2019 Exhibit P2 TRUE COPY OF THE COMMUNICATION NO.PIU/KR14-29/21 DATED 24-04-2023 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 2-5-2023