IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 31232 of 2010(D) --------------------------------------- PETITIONER(S): ---------------------- C.CHANDRAN, S/O. CHELLAPPAN, AGED 50 YEARS, SHARANYA NIVAS, PACHALLOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): ------------------------- 1. THE CHIEF GENERAL MANAGER, B.S.N.L.BHAVAN, KERALA CIRCLE, PMG JUNCTION, THIRUVANANTHAPURAM.PIN- 695 001. 2. THE PRINCIPLE GENERAL MANAGER, TELECOM (PLANNING), BSNL BHAVAN, KALATHIPARAMBU ROAD, ERNAKULAM.682016. 3. THE ASST. GENERAL MANAGER, BSNL BHAVAN, KALATHIPARAMBU ROAD, ERNAKULAM. PIN- 682 016. 4. THE DIVISIONAL ENGINEER, MUNNAR DIVISION, BSNL, MUNNAR, IDUKKI.PIN- 685 612. 5. THE DIVISIONAL ENGINEER, ADIMALI DIVISION, BSNL, ADIMALI, IDUKKI.PIN- 685 561. BY ADV. SRI. MATHEW K. PHILIP SRI.K.KESAVANKUTTY, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 31232/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN WP(C) NO.17851/2009 DATED 21/8/2009. P2 COPY OF THE COUNTER AFFIDAVIT WITH ANNEXURES. P3 COPY OF THE JUDGMENT DATED 3/9/2010. P4 COPY OF THE APPLICATION DATED 30/6/2010 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P5 COPY OF THE APPLICATION DATED 30/6/2010 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J -------------------------------------- W.P.(C).No.31232 OF 2010 ------------------------------------------------------------- Dated this the 2nd day of December, 2010 JUDGMENT The petitioner was awaited contract for civil works in Adimaly and Munnar divisions of the respondents. In terms of the tender conditions, petitioner submitted Earnest Money Deposit of Rs.50,000/-, which was subsequently adjusted to security deposit and an additional deposit of Rs.1,00,000/- was also made. He completed the work and final bills were submitted and payments were made to him. However, security deposit of Rs.1,50,000/- has not been disbursed so far. It is complaining of the above, this writ petition is filed. 2. In the counter affidavit filed by respondents 1 to 5, the stand taken is that the question of release of security deposit arises only after the petitioner obtains from concerned divisional heads a No Due Certificate. According to the respondents, the petitioner has submitted Exts.P4 and P5 before the respondents 4 and 5, the concerned divisional heads and that request is being W.P.(C).No. 31232 OF 2010 2 processed. 3. Therefore, petitioner has to obtain a No Due Certificate and produce the same for getting the security deposit released. Since even according to the respondents, Exts.P4 and P5 applications made by the petitioner for No Due Certificate are pending before respondents 4 and 5. I direct the respondents 4 and 5 to consider Ext.P4 and P5 and pass appropriate orders, which shall be done as expeditiously as possible at any rate within four weeks of production of a copy of this judgment. If due certificates are issued by the aforesaid respondents, it is made clear that it will be open to the petitioner to produce the same before the 2nd respondent, who shall take appropriate steps for disbursement of the security deposit as well. This writ petition is disposed of as above. ANTONY DOMINIC JUDGE dmb