M.T. Abdul Kabeer vs Jaysree U.P
2023 Latest Caselaw 11463 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                    CON.CASE(C) NO. 2007 OF 2023
AGAINST THE JUDGMENT IN WP(C) 42341/2022 OF HIGH COURT OF KERALA
PETITIONER:

             M.T.ABDUL KABEER
             AGED 40 YEARS
             S/O. M.T.MUHAMMED KUNHI, CONTRACTOR,
             ARAFATH MANZIL, BEVINJA, THEKKIL FERRY P.O.,
             KASARAGOD DISTRICT, PIN - 671541
             BY ADVS.
             BABU JOSEPH KURUVATHAZHA
             ARCHANA K.S.
             MOHAMMED SHAFI.K
             NOEL EALIAS


RESPONDENT:

             JAYSREE U.P.
             AGE AND NAME OF THE FATHER ARE NOT KNOWN TO THE
             PETITIONER, WORKING AS SUPERINTENDING ENGINEER,
             PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE,
             PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN - 673001
             SMT.VIDYA KURIAKOSE - GP


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C)NO.2007/2023            2

                             JUDGMENT

Smt.Vidya Kuriakose - learned Government Pleader, submitted,

in response to the assertions of the petitioner in this Contempt Case,

that an affidavit has been filed by the respondent, wherein, it has been

averred that if the petitioner is to execute a Supplemental Agreement,

eligible amounts can be released to him without any avoidable delay.

She added, it is because petitioner is refusing to do so, that further

action has been incapacitated at the hands of the respondent.

Taking note of the afore submissions, I close this Contempt Case,

leaving liberty to the petitioner to approach the respondent for

execution of the Supplemental Agreement as per law; and if he is to do

so within a period of two weeks from today, same shall be acceded to;

leading to disbursement of the eligible amounts to him within a period

of one month thereafter.

If the petitioner is to invoke the afore liberty, then I leave him

liberty to approach this Court after two months from today, in case full

amounts are not released.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/8.11

APPENDIX OF CON.CASE(C) 2007/2023

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 13.2.2023 IN W.P.(C) NO.42341/2022.

Annexure A2 TRUE COPY OF THE REPRESENTATION DATED 9.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT, MARKED AS EXT.P20 IN THE W.P.(C).

Annexure A3 TRUE COPY OF THE COMPLETION CERTIFICATE PERTAINING TO THE WORK COMPRISED IN THE AGREEMENT, CERTIFIED BY THE ASSISTANT ENGINEER AND ASSISTANT EXECUTIVE ENGINEER. Annexure A4 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 5.5.2023, IN THE CHAMBER OF THE RESPONDENT.

Annexure A5 TRUE COPY OF THE LETTER DATED 6.7.2022 FORWARDED BY THE RESPONDENT TO THE CHIEF ENGINEER.

Annexure A6 TRUE COPY OF THE REVISED ESTIMATE REPORT ENCLOSED ALONG WITH ANNEXURE A5.

Annexure A7 TRUE COPY OF THE PROCEEDING DATED 5.11.2022 OF THE CHIEF ENGINEER.

Annexure A8 TRUE COPY OF THE LETTER DATED 23.8.2023 ISSUED BY THE RESPONDENT.

RESPONDENT ANNEXURES Annexure R1(a) True copy of Letter No.EERD/DVOKKD/381/DB3-

PWD dated 30.03.2023