Kerala High Court
K.N. Sathyapalan & Co vs State Of Kerala on 9 December, 2010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 11TH DAY OF JULY 2017/20TH ASHADHA, 1939
WP(C).No. 22807 of 2017 (A)
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PETITIONER :
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K.N. SATHYAPALAN & CO
ENGINEERING CONTRACTORS, EDAKKIDOM P.O,
EZHUKONE, KOLLAM. 691505,
REPRESENTED BY ITS MANAGING PARTNER S.
SATHEESH.S.
BY ADV. SRI.BASANT BALAJI
RESPONDENTS :
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM. 695001.
2. THE SUPERINTENDING ENGINEER,
OFFICE OF THE SUPERINTENDING ENGINEER,
PWD ROADS AND BRIDGES, SOUTH CIRCLE,
THIRUVANANTHAPURAM.695001,
3. THE EXECUTIVE ENGINEER,
OFFICE OF THE EXECUTIVE ENGINEER,
PWD ROAD DIVISION, PMG JUNCTION,
THIRUVANANTHAPURAM. 695033.
BY GOVERNMENT PLEADER SRI.S.KANNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11-07-2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 22807 of 2017 (A)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: TRUE COPY OF THE LETTER SENT BY THE 2ND
RESPONDENT DTD.14.11.2010 ALONG WITH TYPED
COPY.
EXHIBIT P2: TRUE COPY OF THE FIRST PAGE OF THE
AGREEMENT NO. 247/SESC/2010-11 DATED
9.12.2010 ALONG WITH TYPED COPY.
EXHIBIT P3: TRUE COPY OF THE LETTER DTD.15.4.2016
WITH THE APPLICATION FOR EXTENSION OF
TIME.
EXHIBIT P4: TRUE COPY OF THE LETTER NO.DHIII/64/2008
DTD.20.5.2016 OF THE 4TH RESPONDENT TO
3RD RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE ORDER NO.DB 4/1150/10
DATED 30.5.2016 OF THE 2ND RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE SUPPLEMENTAL AGREEMENT
DTD.31.5.2016.
EXHIBIT P7: TRUE COPY OF THE LETTER SENT BY THE
PETITIONER TO THE 2ND RESPONDENT DTD.
31.5.2016.
EXHIBIT P8: TRUE COPY OF THE LETTER NO.
CE/R&B/50870/1992/TVPM/ DTD. 30.3.2016 OF
THE CHIEF ENGINEER TO THE 2ND RESPONDENT.
EXHIBIT P9: TRUE COPY OF THE LETTER DTD.20.10.2016
SENT TO THE 2ND RESPONDENT.
EXHIBIT P10: TRUE COPY OF THE LETTER DTD.20.10.2016
ALONG WITH THE APPLICATION SENT TO THE
2ND RESPONDENT.
EXHIBIT P11: TRUE COPY OF THE LETTER DTD.22.11.2016
SENT TO THE 2ND RESPONDENT.
WP(C).No. 22807 of 2017 (A)
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EXHIBIT P12: TRUE COPY OF THE LETTER DTD.12.1.2017
SENT BY THE PETITIONER TO THE 2ND
RESPONDENT.
EXHIBIT P13: TRUE COPY OF THE LETTER NO.D7/D6/956/96
DTD.10.1.2017,.
EXHIBIT P14: TRUE COPY OF THE LETTER DTD. 13.1.2017
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT.
EXHIBIT P15: TRUE COPY OF THE REPRESENTATION
DTD.2.6.2017 SENT TO THE RESPONDENT BY
THE PETITIONER.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.B.SURESH KUMAR, J.
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W.P.(C).No.22807 of 2017-A.
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Dated this the 11th day of July, 2017.
J U D G M E N T
The petitioner is a contractor. They have been awarded the construction work of a bridge. The case of the petitioner is that the site for execution of a portion of the work has not been handed over. The petitioner, therefore, preferred Ext.P15 representation to the awarder praying to take appropriate steps to hand over the site required for executing the work or in the alternative, to disburse the current rates for the works remaining to be executed or to absolve him from the liability to execute the work. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the second respondent to take a decision on Ext.P15 representation with notice to the petitioner.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader.
Having regard to the facts and circumstances of the W.P.(C).No.22807/2017-A. 2 case, I deem it appropriate to dispose of the writ petition directing the second respondent to dispose of Ext.P15 representation, with notice to the petitioner, within two weeks from the date of receipt of a copy of this judgment. Ordered accordingly.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Kvs/-
// true copy //