IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 17295 of 2006(H) -------------------------------------- PETITIONERS: --------------------- K.A.JENSON, PWD CONTRACTOR, KIZHAKKEVEETTIL HOUSE, KANNAMALY PO., KOCHI-682 008. BY ADV. SRI.K.L.VARGHESE, ADV. SMT.SANTHA VARGHESE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS & IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, ERNAKULAM. GOVT. PLEADER SRI. NOBLE MATHEW FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17295/2006-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 02/12/2005 ISSUED BY THE CHIEF ENGINEER APPROVING AWARD OF WORK WITH 20% TENDER EXCESS. EXT.P.2: COPY OF THE WORK ORDER DT. 19/12/2005 ISSUED BY THE R.2. TO PETITIONER. EXT.P.3: COPY OF THE CCI & PART BILL. EXT.P.4: COPY OF THE CHEQUE DT. 28/06/2006 ISSUED BY R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.17295 OF 2006 --------------------------------------- Dated this the 24th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to pay to the petitioner payment of work done inclusive of tender excess at 20% as per Exts.P1 and P2. It is for the petitioner to approach the first respondent/ workout the relief before the Civil Court. In the event of the petitioner approaching the Civil Court, the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No.17295 OF 2006 J U D G M E N T 24.09.2008