IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32126 of 2006(Y) -------------------------------------- PETITIONER(S): ---------------------- PAUL.V.THOMAS, GOVERNMENT CONTRACTOR, VETTUVAZHY, PUTHENPURA, MEENUPARA P.O., PUTHENCRUEZ, ERNAKULAM DISTRICT. BY ADV. SRI.C.A.MAJEED RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, PROJECT-II, IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 5. THE SUPERINTENDING ENGINEER, PROJECT CIRCLE, IRRIGATION DEPARTMENT, MOOVATTUPUZHA. BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 32126/2006-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE WORK ORDER ISSUED BY THE 2ND RESPONDENT DATED 18/07/1995. EXT.P2: COPY OF THE SELECTION NOTICE DATED 01/08/95 ISSUED BY THE 5TH RESPONDENT. EXT.P3: COPY OF THE SCHEDULE TO AGREEMENT. EXT.P4: COPY OF THE LETTER DATED 08/05/2001 ISSUED BY 2ND RESPONDENT. EXT.P5: COPY OF THE LETTER DATED 02/06/01 ISSUED BY THE 5TH RESPONDNET. EXT.P6: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 14/06/2001. EXT.P7: COPY OF THE JUDGMENT IN O.P.NO.21629/2001 DATED 24/07/2001. EXT.P8: COPY OF THE JUDGMENT IN W.A.NO.3652/2001 DATED 21/12/2001. EXT.P9: COPY OF THE NOTICE DATED 29/04/2002. EXT.P10: COPY OF THE LETTER DATED 10/05/2002 SUBMITTED TO THE 5TH RESPONDENT BY THE PETITIONER. EXT.P11: COPY OF THE G.O(RT)NO.1260/04/WRD DATED 28/10/2004. EXT.P12: COPY OF THE REPRESENTATION DATED 01/01/05 SUBMITTED BY THE PETITIONER. EXT.P13: COPY OF THE JUDGMENT IN W.P.(C). NO. 12941/2005 BEFORE THE HIGH COURT OF KERALA DATED 03/08/2005. EXT.P14: COPY OF THE ORDER NO.G.O.(RT)NO.1144/2005 WRD DATED 14/10/2005. EXT.P15: COPY OF THE REVIEW PETITION DATED 09/01/2006 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.32126 of 2006 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T The writ petition is filed mainly with the following prayer :- “ Issue a writ of mandamus, or any other writ, order or direction calling for the records leading to Exts.P1 to P15 and direct the second respondent to hear Ext.P15 in the light of Ext.P11 and issue necessary orders to revise the rate of the work of the petitioner including tender excess as requested in Ext.P12.” In case no orders have been passed on Ext.P15, petitioner may produce a copy of this judgment along with a copy of the writ petition before the second respondent, in which case, appropriate orders in accordance with law on Ext.P15 will be passed with notice to the petitioner within another four months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.32126 of 2006 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.