IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 23041 of 2007(R) -------------------------- PETITIONER(S): --------------- M/S.CHERIAN VARKEY CONSTRUCTION CO(P)LTD ENGINEERS CONTRACTORS, 5TH FLOOR, ALPHA PLAZA, K.P.VALLON ROAD, KADAVANTHARA, KOCHI - 682 020, REPRESENTED BY THE DIRECTOR, GEORGE VARKEY. BY ADVS. SRI.K.L.VARGHESE, SENIOR ADVOCATE SMT.SANTHA VARGHESE RESPONDENT(S): --------------- 1. THE KERALA STATE TRANSPORT PROJECT (KSTP)-PWD, GOVERNMENT OF KERALA, REPRESENTED BY THE PROJECT DIRECTOR, TC 47/1795, 11ND FLOOR, RAJADHANI COMPLEX, OPP. TO PRS HOSPITAL, KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM - 695 002. 2. THE CHIEF ENGINEER, KERALA STATE TRANSPORT PROJECT (KSTP)-PWD, THE PROJECT MANAGEMENT TEAM, TC 47/1795,11ND FLOOR RAJADHANI COMPLEX, OPP. TO PRS HOSPITAL, KILLIPPALAM, KARAMANA P.O., THIRUVANANTHAPURAM - 695 002. 3. THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT (KSTP)-PWD, INLAND NAVIGATION DIVISION, KOTTAYAM SOUTH-686 039 R1 - R3 BY GOVERNMENT PLEADER SRI.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO: 23041 OF 2007. APPENDIX PETITIONERS EXHIBITS P1 : COPY OF PIECE WORK CONTRACT AGREEMENT NO:1/INK/EE/2007 - 2008 ENTERED IN TO BETWEEN THE PETITIONER AND 3RD RESPONDENT. P2 : COPY OF PIECE WORK CONTRACT AGREEMENT NO:2./INK/EE/2007 - 2008 ENTERED INTO BETWEEN THE PETITIONER AND 3RD RESPONDENT. P3 : COPY OF PIECE WORK CONTRACT AGREEMENT NO:3/INK/EE/2007 - 2008 ENTERED INTO BETWEEN THE PETITIONER AND 3RD RESPONDENT. P4 : COPY OF PIECE WORK CONTRACT AGREEMENT NO:4/INK/EE/2007 - 2008 ENTERED INTO BETWEEN THE PETITIONER AND 3RD RESPONDENT. P5 : COPY OF LETTER DATED 31-7-2006 ISSUED BY M/S. BHAGHEERATHA ENGG. LTD. TO THE 3RD RESPONDENT WITH COPY TO PETITIONER. P6 : COPY OF WORK ORDER DATED 29-11-2004 ISSUED BY M/S.BHAGHEERATHA ENGG. LTD. TO PETITIONER. P7 : COPY OF LETTER DATED 27-1-2005 ISSUED BY 1ST RESPONDENT. P8 : COPY OF TENDER DATED 4-6-2007. P9 : COPY OF LETTER DATED 14-12-2004 ISSUED BY THE RESPONDENTS. P10 : COPY OF LETTER NO: CVCC/10/1656 DATED 15-11-2010. ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS EXHIBITS R3(A) : COPY OF VALUATION REPORT. R3(B) : COPY OF THE NOTICE DATED 30-6-3006. R3(C) : COPY OF THE EXTRACT OF THE CONDITIONS OF CONTRACT. //TRUE COPY// MK PA TO JUDGE. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 23041 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2011 J U D G M E N T The petitioner undertook completion of certain contract works for the respondents. Prior to the same, the petitioner was a sub-contractor under the contractor who took up the main work on contract. The petitioner's grievance in this writ petition is that, the petitioner is not being paid for the work done by him on the ground that the respondents had some lien over the machinery, materials, tools and plants used by the petitioner for executing the work. When it was pointed out to the learned counsel for the petitioner that these are matters disputed by the respondents the correctness or otherwise of which cannot be decided without taking evidence which cannot ordinarily be done in a writ petition, the counsel for the petitioner confines his relief for a direction to the 2nd respondent to consider and pass orders on Ext.P10 expeditiously. W.P.(C)No. 23041 of 2007 -2- Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P10 as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/