IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 23667 of 2008(P) ---------------------------------------- PETITIONER(S): ------------------------ P.M.KURIAKOSE, PALLIKKARA HOUSE, KULAMAVU P.O., IDUKKI DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): --------------------------- 1. SUPERINTENDING ENGINEER, SEERVANI PROJECT CIRCLE, CHUNNAMPUTHARA, KALPATHY JUNCTION, PALAGHAT - 12. 2. THE EXECUTIVE ENGINEER, K.P.I.P. DIVISION NO.1, KANJIRAPUZHA P.O., PALAGHAT DISTRICT. 3. ASSISTANT EXECUTIVE ENGINEER, SEERVANI PROJECT SUB DIVISION, PALAKKAYAM P.O., KANJIRAPUZHA, PALGHAT DISTRICT. 4. ASSISTANT ENGINEER NO.3/1, SEERVANI PROJECT SUB DIVISION, PALAKKAYAM P.O. KANJIRAPUZHA, PALAGHAT DISTRICT. 5. ALEXANDER JOHN, GOVT.CONTRACTOR, MUKKALUVILA HOUSE, KIZHAKKETHERVURU P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA ADV. SRI.K.BABU THOMAS FOR R5 SMT.MARYKUTTY BABU FOR R5 SRI.DENNING K.BABU FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23667/2008 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DTD. 11/02/2007 ENTERED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. EXT.P2: COPY OF THE APPLICATION DTD. 12/02/2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3: COPY OF THE LETTER DTD. 07/03/2008 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE PETITION DTD. 22/05/2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH POSTAL ACKNOWLEDGMENT DUE CARD. EXT.P5: COPY OF THE AGREEMENT DTD. 09/09/2005. EXT.P6: COPY OF PETITION DTD. 17/12/2007 FILED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT. EXT.P7: COPY OF THE AGREEMENT DTD. 13/10/2008 EXECUTED BETWEEN THE PETITIONER AND MR.K.C.JOSE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No.23667 of 2008 -------------------------- Dated this the 18th November, 2008 J U D G M E N T Petitioner was a Sub Contractor with 5th respondent, the latter having been given a contract for the work of certain drilling works at Siruvani dam. It seems that the contract given to the 5th respondent was terminated by the Department. But drilling machine deployed by the petitioner is still at site. He has not been permitted to remove the drilling machine and accessories from the compound of the Siruvani dam. 2. Learned counsel for the 5th respondent submits that he has no objection to the petitioner removing the drilling machine and accessories. 3. Learned Government Pleader, on instructions, submits that petitioner is at liberty to remove such machines and accessories, after notice to the concerned Asst. Executive Engineer, the 3rd respondent. W.P ( C) No.23667 of 2008 2 4. In the result, the writ petition is disposed of directing the 3rd respondent to grant permission to the petitioner to remove the equipments which were deployed by him as a Sub Contractor from the premises of the Siruvani dam. The details of the equipments sought to be removed by the petitioner shall be communicated to the petitioner by means of a representation. Thereupon, equipments belonging to the petitioner shall be permitted to be removed, without delay. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.23667 of 2008 3 W.P ( C) No.23667 of 2008 4