IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 22805 of 2011(A) -------------------------- PETITIONER(S): --------------- S.JAIDEV, CHOICE VISION, POOMADHURA VILAKOM, PACHALLOOR, THIRUVANANTHAPURAM-695027. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): --------------- 1. THE SOUTHERN RAILWAY, REP. BY THE SENIOR DIVISION COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, COMMERCIAL BRANCH, THIRUVANANTHAPURAM-695014. 2. THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL), SOUTHERN RAILWAY, DIVISIONAL OFFICE, THYCAUD, TRIVANDRUM-695014. ADV. SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22805 of 2011 APPENDIX EXHIBITS EXT.P1- COPY OF LETTER OF ACCEPTANCE DATED 29.6.2011 ISSUED BY THE 2ND RESPONDENT EXT.P2- COPY OF REPRESENTATION DATED 5.8.11 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P3- COPY OF COMMUNICATION DATED 19.7.2011 SENT BY THE PETITIONER TO THE 2ND RESPONDENT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).22805/2011 .............................................. Dated this the 26th day of August, 2011 JUDGMENT According to the petitioner, he has been awarded the contract for installation and display of CCTV systems at Trichur Railway Station for a period of three years for an amount of Rs.19,22,222/- for the first year; with an increase of 10% and 15% for the second and third years respectively. Ext.P1 is the Letter of Acceptance issued by the Railways in this behalf and agreement has not been signed between the parties so far. 2. According to the petitioner, for the works awarded to him for the previous periods, towards security deposits made by him and other dues, an amount of Rs.13 Lakhs is due to be refunded from the Railways and therefore, he made Ext.P2 and P3 representations to the first respondent, requesting that the said refundable amounts be adjusted towards the dues from him for the first contract year. Decision on the representations was not taken and complaining of the above, the writ petition has been filed. 3. Heard the learned Standing Counsel appearing for the W.P.(C).22805/11 2 Respondents who submits that though certain amount deposited by the petitioner towards the security deposit is due to be refunded, the exact amount is yet to be quantified. It is therefore, submitted that the petitioner cannot seek postponement of remittance of the dues for the reason that the amount has not been refunded. 4. Thus, admittedly some unquantified amount is due to be refunded to the petitioner and if that be so, I see no reason why such amount should not be quantified and adjusted towards the dues of the petitioner for the first contract year as requested by the petitioner. In that view of the matter, I dispose of this writ petition with the following directions. 5. The first respondent shall consider and pass orders on Exts.P2 and P3 representations made by the petitioner, as expeditiously as possible, at any rate, within one month from today. It is directed that in partial discharge of the first year's dues under Ext.P1, petitioner shall deposit an amount of Rs.10 Lakhs before the first respondent, within three weeks from today. Thereafter, once the decision on the representations is W.P.(C).22805/11 3 communicated and amount found due is adjusted, the balance amount due from the petitioner if any, for the first contract year will be remitted by the petitioner without any delay. 6. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for compliance. ANTONY DOMINIC, Judge mrcs