Kerala High Court
Anilkumar.Vr vs The State Of Kerala on 27 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
THURSDAY, THE 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 4630 OF 2019
PETITIONER:
ANILKUMAR.VR
AGED 46 YEARS
S/O.RAGHAVAN,
VADAKKAN MANNOOR,
HELEBARIA P.O,
ELAPPARA,
IDUKKI DISTRICT.
BY ADVS.
T.B.SHAJIMON
SMT.GOVINDU P.RENUKADEVI
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY THE SECRETARY,
SECRETARIAT,
PUBLIC WORK DEPARTMENT,
THIRUVANANTHAPURAM
PIN-600001.
2 THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
LSGD DIVISION IDUKKI,
PAINAVU,
IDUKKI DISTRICT
PIN-685603.
3 THE ASSISTANT EXECUTIVE ENGINEER,
LSGD DIVISION IDUKKI,
DISTRICT PANJAYATH,
IDUKKI DISTRICT,
PIN-685603.
4 THE ASSISTANT EXECUTIVE ENINEER,
LSGD SUB DIVISION AZHUTHA,
PIN-685531.
WP(C) NO.4630 OF 2019
2
5 THE ASSISTANT EXECUTIVE ENGINEER,
LSGD SECTION,
AZHUTHA BLOCK PANCHAYATH,
PIN-685531.
BY ADV GOVERNMENT PLEADER
SMT.K.B.SONY-GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C) NO.4630 OF 2019
3
JUDGMENT
1. The petitioner has filed this writ petition seeking direction
to disburse the amount covered by Exts.P1 to P3 bills with
interest.
2. The 2nd respondent has filed a Counter affidavit dated
26/06/2009 stating that towards additional performance
guarantee the petitioner produced forged fixed deposit
receipts of the Bank and the respondent came to know the
same, when the Bank communicated to the 2 nd respondent
as per Exts.R2(a) and R2(b) letters. Criminal cases were
also registered against the petitioner. Consequent to the
said forgery, the license of the petitioner was also cancelled
as per Ext.R2(c) dated 21/12/2018.
3. I heard the learned counsel for the petitioner and the
learned Government Pleader.
4. The learned counsel for the petitioner submitted that the
WP(C) NO.4630 OF 2019
issue with respect to the forgery is over as the petitioner was
acquitted in the criminal case arising from the said crime.
But the petitioner has not filed any reply affidavit to the
counter affidavit filed by the 2nd respondent.
5. The learned Government Pleader submitted that there is
disputes with regard to the amount also covered by Exts.P1
to P3.
6. In view of the above facts, I do not find any justifiable
reason to invoke my jurisdiction under article 226 of the
Constitution of India to give any relief to the petitioner.
7. Accordingly, this writ petition is dismissed by giving
liberty to the petitioner to initiate appropriate proceedings for
claiming the amount showed in this writ petition. Petitioner is
free to invoke Section 14 of the Limitation Act also.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
WP(C) NO.4630 OF 2019
APPENDIX OF WP(C) 4630/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE PHOTOSTAT COPY OF THE LETTER OF
ACCEPTANCE DATE 7/02/2018.
EXHIBIT P2 THE PHOTOSTAT COPY OF THE SANCTION
NOTICE DATED 17.2.2018.
EXHIBIT P3 THE PHOTOCOPY OF THE LETTER OF
ACCEPTANCE 10/10/2017.
EXHIBIT P4 THE PHOTOCOPY OF THE LETTER DATED
1/1/2019.
EXHIBIT P5 THE COPY OF THE ANNUAL FEE EXPENSE
EXHIBIT P6 THE MEDICAL RECORDS
RESPONDENT EXHIBITS
Exhibit R2(a) A TRUE COPY OF LETTER NO.
BR/GEN/11/18-19 DATED 23-05-2018 OF
THE MANAGER, SOUTH INDIAN BANK,
PEERMADE BRANCH.
Exhibit R2(b) A TRUE COPY OF LETTER NO.
BR/GEN/10/18-19 DATED 23-05-2018 OF
THE MANAGER, SOUTH INDIAN BANK,
PEERMADE BRANCH.
Exhibit R2(c) A TRUE COPY OF ORDER NO. FCP/3078/09
DATED 21-12-2018 OF THE SUPERINTENDING
ENGINEER (ROAD AND BRIDGES), ALUVA.
