RAAGUL CONSTRUCTIONS, R v. STATE OF KERALA

RAAGUL CONSTRUCTIONS, R EPRESENTED BY ITS MANAGING DIRECTOR PRADEEPKUMAR B., AGED 45 YEARS, S/O.BALAKRISHNA PILLAI, RSN HOUSE, SUNNY SIDE LANE, NEAR BSNL OFFICE, NALANCHIRA, THIRUVANANTHAPURAM - 695015 BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: 1 2 3 4 5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ROADS PUBLIC OFFICE, THIRUVANANTHAPURAM - 695033 THE SUPERINTENDENT ENGINEER, PUBLIC WORKS DEPARTMENT ROADS (SOUTH CIRCLE) PUBLIC OFFICE, THIRUVANANTHAPURAM, PIN - 695033 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, THIRUVANANTHAPURAM, PIN - 695033 THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT ROADS SUB DIVISION, PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 695033 BY ADV. SMT.VIDYA KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 1461 of 2024 : 2 : JUDGMENT Amidst the various allegations, averments, and assertions made and urged in this writ petition, when this matter was called today, learned counsel for the petitioner – Sri. Ajith Krishnan, confined his plea that the 2nd respondent be directed to take up and dispose of Ext.P4 representation of his client, adverting to Ext.P3, within a time frame to be fixed by this Court.

#2. Sri. Ajith Krishnan further submitted that, out of the amounts involved in Ext.P4, some amounts are admitted; and, therefore, that, pending consideration of the same, the respondents may be directed to disburse such amounts to his client.

#3. Smt. Vidya Kuriakose – learned Government Pleader, in response, submitted that, if the petitioner only requires Ext.P4 to be taken up and disposed of by the 2nd respondent, adverting to Ext.P3, there does not appear to be any legal impediment for the respondent in doing so; but prayed that this Court may not make any affirmative declarations in their favour and leave it to the said respondent to take an appropriate decision thereon, as per law. She, however, added that, she has no instructions whether any amount is admitted; and, therefore, that this Court may not make W.P.(C).No. 1461 of 2024 : 3 : any conclusive declarations in that regard.

#4. Taking note of the afore submissions, I direct the 2 nd respondent to take up Ext.P4, and dispose it of, adverting to Ext.P3, after affording the petitioner an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.

#5. If any amounts are found due after the afore exercise, the same shall be disbursed to the petitioner, not later than two months thereafter.

#6. Needless to say, if any amounts are admitted – without saying so affirmatively in this judgment – such shall be paid to the petitioner, notwithstanding the afore directions, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is thus ordered. Sd/- DEVAN RAMACHANDRAN JUDGE W.P.(C).No. 1461 of 2024 : 4 : APPENDIX OF WP(C) 1461/2024 PETITIONER EXHIBITS Exhibit-P1 Exhibit-P2 Exhibit-P3 Exhibit-P4 TRUE COPY OF THE SELECTION NOTICE NO.DB1- 112/2018 DATED 27/2/2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TRUE COPY OF THE RELEVANT PAGES WORK SCHEDULE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TRUE COPY OF THE RELEVANT PAGES VIDE LETTER NO.A3/900/2021 DATED 17/8/2022 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT TRUE COPY OF THE SAME REPRESENTATION DATED 2/12/2023 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH COPY TO THE 3RD RESPONDENT RESPONDENTS' EXHIBITS : NIL.