IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 5999 of 2005(L) ------------------------- PETITIONER(S): --------------- M/S.HI-TECH TOWERS, ENGINEERS & CONTRACTORS, VIII/475,MEEMPARA P.O., PUTHENCRUZ (VIA), ERNAKULAM DISTRICT. REP. BY THE MANAGING PARTNER, MR.T.C.KURIAN. BY ADV. SRI.SHEJI P.ABRAHAM RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD, REP. BY THE CHAIRMAN, VYDHYUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, TRANSMISSION SOUTH, ELECTRICITY BOARD, PATTAM, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KALAMASSERY. SRI.C.K.KARUNAKARAN, SC FOR KSEB FOR R1TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.5999/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE AGREEMENT NO.180/99-2000 DT. 24-11-99 EXT.P1a. COPY OF THE SUPPLEMENTARY AGREEMENT DT. 3-1-2002 EXT.P2. COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS. EXT.P3. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.5999 of 2005 ----------------------------------------- Dated this the 30th day of October, 2009 JUDGMENT The writ petition is filed with the following prayer:- i) issue a writ of mandamus or such other appropriate writ, order or direction commanding respondents to disburse the withheld amount from the petitioner's contract bill with 18% interest from the date of completion of the work. It is seen from the counter affidavit that the matter had been referred to the Chief Technical Examiner through the Principal Secretary to Government, Electricity Department. There will be a direction to the Principal Secretary to Government to look into the matter with notice to the petitioner and the first respondent and take appropriate action in accordance with law within a period of three months from the date of production of a copy of this judgment by the petitioner along with a copy of the writ petition and the counter affidavit. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C) No.5999 of 2005 ----------------------------------- O R D E R 30th October, 2009