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E.B Shibu vs The Superintending Engineer
2025 Latest Caselaw 8284 Ker

Citation : 2025 Latest Caselaw 8284 Ker
Judgement Date : 25 April, 2025

Kerala High Court

E.B Shibu vs The Superintending Engineer on 25 April, 2025

                                           2025:KER:33054
        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

               THE HONOURABLE MR. JUSTICE S.MANU

 FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947

                    WP(C) NO. 16749 OF 2025

PETITIONER:

         E.B. SHIBU, AGED 56 YEARS,
         S/O BHASURANGAN, RESIDING AT SREEHARITHAM,
         H. NO. 3, KSHB COLONY, MULANGUNNATHUKAVU P.O,
         THRISSUR, PIN - 680581.

         BY ADVS. R.O.MUHAMED SHEMEEM
         NASEEHA BEEGUM P.S.


RESPONDENTS:

    1    THE SUPERINTENDING ENGINEER
         OFFICE OF THE SUPERINTENDING ENGINEER,
         IRRIGATION CENTRAL CIRCLE, CHEMBUKKAVU,
         THRISSUR, PIN - 680020.

    2    THE EXECUTIVE ENGINEER,
         IRREGATION DIVISION, CIVIL STATION,
         KAKKANAD, ERNAKULAM DISTRICT, PIN - 680030.

    3    THE CHAIRMAN, DISTRICT TOURISM PROMOTION
         COUNCIL, OP: RAJENDRA MAIDAN, ERNAKULAM,
         NEAR ERNAKULAM DISTRICT COURT COMPLEX,
         PIN - 682011.

         BY ADV. SMT.RESHMI THOMAS

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 25.04.2025, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
                                                       2025:KER:33054
WP(C) NO. 16749 OF 2025

                                  -2-
                              JUDGMENT

The learned counsel for the petitioner

submitted that the petitioner is limiting his

prayer in this Writ Petition for a direction to

the 3rd respondent to consider Ext.P10

representation dated 17.01.2024. He also submits

that, though the representation was addressed to

the "District Collector", the District Collector

being the Chairman of the District Tourism

Promotion Council (DTPC), the representation is

proper.

2. I have heard the learned Government

Pleader also.

3. The Writ Petition is disposed of,

directing the 3rd respondent to take up and

consider Ext.P10 representation of the

petitioner within a period of two months from 2025:KER:33054 WP(C) NO. 16749 OF 2025

the date of receipt of a copy of this judgment

and take an appropriate decision. The decision

taken on Ext.P10 shall be communicated to the

petitioner.

The petitioner is directed to produce a

copy of this Writ Petition, along with a copy of

this judgment, before the 3rd respondent for

compliance.

Sd/-

S.MANU JUDGE akv 2025:KER:33054 WP(C) NO. 16749 OF 2025

APPENDIX OF WP(C) 16749/2025

PETITIONER EXHIBITS

EXHIBIT-P1 A TRUE COPY OF THE LICENSE NO.

01/SEMI/B/2020-21, ISSUED IN FORM ILL, CONTRACTORS REGISTRATION CARE, KERALA STATE REGISTERING AUTHORITY

EXHIBIT-P2 A TRUE COPY OF THE WORK TENDER ACCEPTANCE COMMUNICATION DATED 14/11/2017, NO. D9-438/2017, ISSUED BY 1ST RESPONDENT

EXHIBIT-P3 A TRUE COPY OF THE PROCEEDINGS IN ORDER NO. W4-5850/2017/RE, DATED 10/03/2020, ISSUED BY THE CHIEF ENGINEER, IRRIGATION DEPARTMENT, IRRIGATION ADMINISTRATION, THIRUVANANTHAPURAM

EXHIBIT-P4 A TRUE COPY OF THE PROCEEDINGS IN ORDER NO. D5 (D9)/438/2017, DATED 04.08.2021 ISSUED BY THE 1ST RESPONDENT

EXHIBIT-P5 A TRUE COPY OF THE PROCEEDINGS IN ORDER NO D5 (D9)-438/2017, DATED 26.03.2022, ISSUED BY ISSUED BY THE 1ST RESPONDENT

EXHIBIT-P6 A TRUE COPY OF THE DETAILED COMPLETION REPORT IN FORM 42 FOR RS. 29, 890, 51.81 (RS. TWENTY-NINE LAKHS EIGHTY- NINE THOUSAND FIFTY-ONE RUPEES AND 81 PAISA) DATED 26/04/2022

EXHIBIT-P7 A TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY SUPERINTENDING 2025:KER:33054 WP(C) NO. 16749 OF 2025

ENGINEER, DATED 29/11/2017 FOR RS. 29,02,713. 16

EXHIBIT-P8 A TRUE COPY OF THE SECURITY DEPOSIT CERTIFICATE NO. JJ NO.

264102/799010500271588, DATED 29/11/2017 ISSUED BY SUB TREASURY OFFICER, THRISSUR

EXHIBIT P9 A TRUE COPY OF THE PERFORMANCE GUARANTEE DEPOSIT CERTIFICATE JJ NO. 264103/799010500271655, DATED ON 29/11/2017 ISSUED BY SUB TREASURY OFFICER, THRISSUR

EXHIBIT P10 A TRUE COPY OF THE REPRESENTATION DATED 17.01.2024 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER

 
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