IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 8527 of 2002(M) --------------------------------- PETITIONER: ------------------- ABDUL SATHAR, AGED 46 YEARS, S/O.MOIDEENKUTTY HAJI,CONTRACTOR, MELMURI,MALAPPURAM,PIN-676514 BY ADV. SMT.M.MEENA JOHN RESPONDENTS: ----------------------- 1. EXECUTIVE ENGINEER,NO.1 DIVISION MVIP PROJECT DIVISION,THODUPUZHA. 2. ASS.EXECUTIVE ENGINEER,MVIP, SUB DIVISION NO.2 THODUPUZHA 3. ACCOUNTANT GENERAL,STATE OF KERALA, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.MATHEW G.VADAKKEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.8527/2002 ORDER ON CMP. NO.15227/2002 IN OP. NO. 8527/2002 DISMISSED 08.02.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ITEM N.4 IN THE SCHEDULE WITH EXPLANATION BY DEPARTMENT TO AUDIT OBJECTION. EXT.P2:- COPY OF THE JUDGMENT DT. 14.3.02 OF THIS HONOURABLE COURT. /TRUE COPY/ P.A.TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ========================= O.P.No.8527 of 2002-M. ========================= Dated this the 8th day of February, 2008. J U D G M E N T In this original petition the petitioner seeks for a direction to the first respondent not to withdraw any amount in respect of the contract work in question. There was an audit objection when the final bill was ready for payment. This resulted in withholding an amount of Rs.1,88,867/-. 2. The matter was being adjourned to enable the Government Pleader to ascertain the present stage of the audit objection. Today the Government Pleader brought to my notice a communication from the office of the Executive Engineer, MVIP Division No.I, Thodupuzha dated 5.1.2008 informing that as per letter No.IAU(W)II/2-1/35/01-02/283 dated 26.7.2006 of the Accountant General, the audit objection has been dropped. The amount namely Rs.1,88,867/- has been realised and paid to the O.P.No.8527 of 2002-M. 2 petitioner on 1.3.2007. In the light of the above factual position no further orders are called for in this Original Petition and the same is closed. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-