IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 8460 of 2006(F) ------------------------------------ PETITIONER: ------------------ SHAJI ELIAS, CONTRACTOR, KALATHIL HOUSE, THOTTAKATTU KARA, ALUVA. BY ADV. SRI.A.X.VARGHESE RESPONDENTS: ----------------------- 1. THE SECRETARY, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 2. SECRETARY, PUBLIC WORKS DEPARTMENT DEPARTMENT OF IRRIGATION, THIRUVANANTHAPURAM. 3. CHIEF ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 4. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, ALUVA. 5. THE ASSISTANT EXECUTIVE ENGINEER, PH HEAD WORKS SUB DIVISION, ALUVA. 6. THE ASSISTANT EXECUTIVE ENGINEER, PIPE LINE SECTION, ALUVA. 7. THE ASSISTNT ENGINEER, PH SECTION, ALUVA. 8. THE ASSITANT ENGINEER, HW ALUVA. ADV. SRI.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 8460/2006-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE WORK ORDER DATED 03/01/2001 ALONG WITH AGREEMENT SCHEDULE. EXT.P2: COPY OF THE AGREEMENT NO.70/2000-2001 FOR THE WORK EXECUTED BETWEEN THE PETITIONER AND 5TH RESPONDENT. EXT.P3: COPY OF THE WORK ORDER DATED 02/01/2002 ALONG WITH AGREEMENT SCHEDULE ISSUED BY THE 5TH RESPONDENT. EXT.P4: COPY OF THE WORK ORDER DATED 02/01/02 ALONG WITH AGREEMENT SCHEDULE ISSUED BY THE 5TH RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE RESPONDENT ALONG WITH ACKNOWLEDGMENT DEUE. EXT.P6: COPY OF THE REPRESENTATION DATED 07/11/2005. EXT.P7: COPY OF THE LETTER DATED 16/02/2006. RESPONDENT'S EXHIBITS: EXT.R3: COPY OF THE REGISTERED NOTICE NO.H.C.1295/2003 DATED 12/09/2006 SENT TO THE PETITIONER. EXT.R3(a): COPY OF THE ACKNOWLEDGMENT CARD OF THE REGISTERED NOTICE SENT TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.8460 OF 2006 --------------------------------------- Dated this the 29th 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 writ, order or direction directing the Respondents to release the pending payments for the work executed as per Exhibits P1, P2 and P3 with immediate effect to the petitioner. In case the amounts due to the petitioner in respect of the work executed by him have not been paid, such amounts shall be paid within a period of one month from the date of production of a copy of this judgment. In case the petitioner has any dispute with regard to the amount or interest etc., it will be open to him either to approach the first respondent or workout the same before the Civil Court. In the event 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. 8460 OF 2006 J U D G M E N T 29.09.2008