N.M.Alikutty vs State Of Kerala
2024 Latest Caselaw 5301 Ker

Citation : 2024 Latest Caselaw 5301 Ker
Judgement Date : 15 February, 2024

Kerala High Court

N.M.Alikutty vs State Of Kerala on 15 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        WP(C) NO. 9033 OF 2023
PETITIONER:

          N.M.ALIKUTTY
          AGED 59 YEARS
          S/O.LATE MOHAMMED, KAYEMOOCHI HOUSE,
          POOKOTTOOR VILLAGE, VALLUVAMBRAM P.O.,
          ERANADU TALUK, MALAPPURAM DISTRICT, PIN - 673642
          BY ADV P.P.BIJU


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          PUBLIC WORK DEPARTMENT, GOVERNMENT SECRETARIAT
          THIRUVANANTHAPURAM, PIN - 695001
    2     KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION LTD
          REPRESENTED BY CHAIRMAN & MANAGING DIRECTOR, CSN
          STADIUM, PALAYAM, VIKASBHAVAN P.O.,
          THIRUVANANTHAPURAM, PIN - 695033
    3     THE CHIEF ENGINEER(I/C)
          KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION
          LTD., CSN STADIUM, PALAYAM, VIKASBHAVAN
          P.O.,THIRUVANANTHAPURAM, PIN - 695033
    4     THE PROJECT ENGINEER
          KERALA POLICE HOUSING AND CONSTRUCTION
          CORPORATION LTD., CSN STADIUM, PALAYAM,
          VIKASBHAVAN P.O.,THIRUVANANTHAPURAM, PIN - 695033
    5     THE FINANCE MANAGER
          KERALA POLICE HOUSING AND CONSTRUCTION
          CORPORATION LTD., CSN STADIUM, PALAYAM,
          VIKASBHAVAN P.O.,THIRUVANANTHAPURAM, PIN - 695033
          GOVERNMENT PLEADER
          SRI.GOVINDAN C.K. - SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9033 OF 2023             2

                            JUDGMENT

After arguing this matter for some time, the learned counsel

for the petitioner sought permission to withdraw this Writ Petition.

This request is granted. Consequently, this Writ Petition is

dismissed as having been withdrawn.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/15.2

APPENDIX OF WP(C) 9033/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT NO.168/17-18 DATED 14.09.2017 ENTERED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE REQUEST DATED 05.03.2018 SENT BY THE DEPUTY SUPERINTENDENT OF POLICE,PERINTHALMANNA TO THE ASSISTANT EXECUTIVE ENGINEER, KSEB, PUKKOTTUMPADAM Exhibit P3 TRUE COPY OF THE CASH DEPOSIT RECEIPT AND ESTIMATED COST OF SERVICE CONNECTION RECEIPT DATED 08.03.2018 ISSUED BY THE KSEB, POOKOTTUMPADAM ELECTRICAL SECTION Exhibit P4 TRUE COPY OF THE APPLICATION DATED 11.05.2018 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER NO.D.M-5734/2013 DATED 08.06.2018 ISSUED BY THE DISTRICT COLLECTOR, MALAPPURAM Exhibit P6 TRUE COPY OF THE SCREEN SHOT OF THE POST IN THE SOCIAL MEDIA DATED NIL Exhibit P7 TRUE COPY OF THE ORDER NO.314/2019- 20/7617/M3/2019/DMG DATED 21.08.2019 ISSUED BY THE DIRECTOR, MINING AND GEOLOGY,THIRUVANANTHAPURAM Exhibit P8 TRUE COPY OF THE ORDER NO.MOPF/4861/KPHCC/2016 DATED 22.10.2018 ISSUED BY THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF REVISED WORK ORDER NO.

MOPF/4861/KPHCC/2016 DATED 14.01.2019 ISSUED BY THE MANAGING DIRECTOR OF THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE ORDER NO.

MOPF/4861/KPHCC/2016 DATED 07.11.2019 ISSUED BY SECOND RESPONDENT Exhibit p11 TRUE COPY OF REPRESENTATION DATED 02.11.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P12 TRUE COPY OF COMMUNICATION N. MOPF/4861/KPHCC/2015 DATED 12.11.2021 ISSUED BY THE CHIEF ENGINEER KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION LTD Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF TENDER DOCUMENTS OF THE 2ND RESPONDENT RESPONDENT EXHIBITS

Exhibit R3(1) True Copy o the work order NO.MoPF/4861/KPHCC/2016 dated 19-06-2017 Exhibit R3(2) True copy of the acknowledgement signed by the petitioner for danding over the sale deed dated 2-1-2018 Exhibit R3(3) True copy of the letter dated 5-10-2018 submitted by the petitioner Exhibit R3(4) True copy f the report dated 5-102018 submitted by the 4th respondent Exhibit R3(5) Tre copy of the order issued by the chairman and managing director dated 22- 10-2018 Exhibit R3(6) True copy of the supplemental agreement dated 23-10-2018 executed by the petitioner Exhibit R3(7) True copy of the letter issued by the petitioner dated 16-01-2019 Exhibit R3(8) True copy of the report dated 16-01-2019 submitted by the 4th respondent Exhibit R3(9) True copy of the revised work order dated 14-01-2019 Exhibit R3(10) True copy of the proceedings dated 28-01-

Exhibit R3(11) True copy of the supplemental agreement dated 12-2-2019 executed by the petitioner Exhibit R3(12) True copy of the termination letter dated 6-4-2019 Exhibit R3(13) True copy of the letter submitted by the petitioner dated nil Exhibit R3(14) True copy of the report submitted by the 4th respondent dated 18-6-2019 Exhibit R3(15) True copy of the proceedings dated 4-7-

Exhibit R3(16) True copy of the letter given by the petitioner dated 3-10-2019 Exhibit R3(17) True copy f the report dated 16-10-2019 submitted by the 4th respondent Exhibit R3(18) True copy of the proceedings dated 7-11-

Exhibit R3(19) True copy of the supplemental agreement dated 11-11-2019 Exhibit R3(20) True copy of the letter dated 28-1-2020 issued to the petitioner Exhibit R3(21) True copy of the order dated 12-10-2020 issued by the 3rd respondent Exhibit R3(22) True copy of the supplemental agreement

dated 14-10-2020 Exhibit R3(23) True copy of the relevant pages of the PWD manual