IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 17746 of 2007(K) ---------------------------------- PETITIONERS: --------------------- 1. ENKON ENGINEERS & CONTRACTORS, CHURCH ROAD, MAMANGALAM, REPRESENTED BY ITS MANAGING PARTNER JOSEPH VILANGADAN, RESIDING AT VILANGATTIL HOUSE, MAMANGALAM, COCHIN-25. 2. JOSEPH VILANGADAN, VILANGATTIL HOUSE, MAMANGALAM, COCHIN-25. 3. JOHN J VILANGADAN, S/O JOSEPH VILANGADAN, VILANGADAN HOUSE, MAMANGALAM, COCHIN-25. BY ADVS. SRI.V.J.JOSEPH, SMT.M.V.LIGI. RESPONDENTS: ------------------------ 1. KERALA STATE CONSTRUCTION CORPORATION LIMITED, REPRESENTED BY ITS GENERAL MANAGER (SOUTH) CARMEL BUILDINGS, BANERJI ROAD, COCHIN-18. 2. GENERAL MANAGER (SOUTH), KERALA STATE CONSTRUCTION CORPORATION LIMITED, CARMEL BUILDINGS, BANERJI ROAD, COCHIN-18. R1 & R2 BY ADV. SRI.M.V.THAMBAN, SC., KSCC LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17746/2007-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE WORK ORDER NO. CC/GM/CUSAT/2002/541 DTD. 30/09/2003. EXT.P.2: COPY OF THE LETTER DTD. 09/10/2003. EXT.P.3: COPY OF THE LETTER DTD. 20/11/2003. EXT.P.4: COPY OF THE LETTER DTD. 11/12/2003. EXT.P.5: COPY OF THE LETTER DTD. 18/04/2005. EXT.P.6: COPY OF THE LETTER NO. UEU/1234/03-04 DT. 18/04/2005. EXT.P.7: COPY OF THE NEWSPAPER REPORT DTD. 15/07/2004. EXT.P.8: COPY OF THE NEWSPAPER REPORT DTD. 01/04/2005. EXT.P.9: COPY OF THE LETTER DTD. 12/07/2005. EXT.P.10: COPY OF THE LETTER NO. CC/DGM/CUSAT-1/2003/56 DTD. 19/01/2006. EXT.P.11: COPY OF THE LETTER DTD. 24/01/2006. EXT.P.12: COPY OF THE LETTER NO. C/GM/CUSAT/2002/30 DTD. 08/05/2006. EXT.P.13: COPY OF THE CLOSURE AGREEMENT DTD. 12/06/2006. EXT.P.14: COPY OF THE LETTER NO. CC/DGM/CUSAT-1/2003/1792 DTD. 04/12/2007 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P.15: COPY OF THE LETTER DTD. 15/01/2008 ISSUED BY THE PETITIONER TO THE RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 17746 of 2007 K ``````````````````````````````````````````````````````` Dated this the 6th day of September, 2010 J U D G M E N T Petitioners seek a direction requiring the respondents to pay Rs.16,23,174/- together with interest. From Exts.P13 and P14 communications, it is seen that, according to the respondents, the net amount payable to the petitioner is Rs.3,23,174/-, subject to compliance with the conditions mentioned in Ext.P14. 2. In that view of the matter, the writ petition is disposed of directing the respondent that on the petitioner complying the conditions for payment, the amount admittedly due, shall be disbursed. It is directed that such payment shall be made within six weeks on the petitioner complying the conditions in so far as the remaining condition. It is clarified that it will be open to the petitioner to work out his remedies for the realisation of the balance amount, if any, before the Civil Court. (ANTONY DOMINIC, JUDGE) aks