Thambi Sebastian vs State Of Kerala on 12 April, 2023

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Kerala High Court

Thambi Sebastian vs State Of Kerala on 12 April, 2023

Bench: Shaji P.Chaly

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                         WP(C) NO. 4881 OF 2020
PETITIONER/S:

          THAMBI SEBASTIAN
          AGED 46 YEARS
          S/O.T.J.DEVASSY, THAZHATHEL HOUSE, IRINGATTIRI.P.O.,
          KARUVARAKUNDU, MALAPPURAM DISTRICT, PIN-679326.
          BY ADVS.
          JACOB SEBASTIAN
          SRI.K.V.WINSTON
          SMT.ANU JACOB


RESPONDENT/S:

    1     STATE OF KERALA,
          REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-
          695001.
    2     THE EXECUTIVE ENGINEER,
          MINOR IRRIGATION DIVISION, CIVIL STATION, MALAPPURAM
          DISTRICT, PIN-676505.

          SR.GP- SMT. DEEPA NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4881 OF 2020
                                           -2-

                                 JUDGMENT

This writ petition is filed by the petitioner seeking the following reliefs:-

"(i) issue a writ in the nature of mandamus commanding the second respondent to execute the agreement with the petitioner in pursuance of exhibit P1 without insisting on treasury saving deposit towards the performance guarantee and security deposit;

(ii) issue a writ in the nature of mandamus commanding the second respondent to adjust the money towards the performance guarantee and security deposit from the unpaid bills of the petitioner; and

(iii) Issue such other writ, order or direction, which this Hon'ble court may deem fit and proper in the circumstances of this case."

2. Today, when the matter is taken up, learned Counsel for the petitioner sought permission to withdraw the writ petition.

Permission granted. The writ petition is dismissed as withdrawn.

Sd/-

SHAJI P.CHALY JUDGE uu/12.04.2023 WP(C) NO. 4881 OF 2020 -3- APPENDIX OF WP(C) 4881/2020 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE SELECTION NOTICE DATED FEBRUARY 11, 2020 ISSUED BY THE SECOND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE BILL ISSUED BY THE SECOND RESPONDENT DATED 31.12.2019. EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 17 JANUARY 2020 IN WPC.NO.53/2020 OF THIS HONOURABLE COURT.

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