IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 19852 of 2010(F) -------------------------- PETITIONER(S): --------------- MR.S.R.VENUGOPALAN, PROPRIETOR OF M/S.NATIONAL ELECTRICAL COMPANY, 41/71, MULLASSERY CANAL ROAD, PIN-682 011. BY ADV. SRI.S.R.DAYANANDA PRABHU RESPONDENT(S): --------------- 1. THE POST MASTER GENERAL, CENTRAL REGION, THARAKANDOM BUILDING, BANERJI ROAD, ERNAKULAM, COCHIN-682 018. 2. THE EXECUTIVE ENGINEER (ELECTRICAL), DEPARTMENT OF POST (CIVIL WING), POSTAL ELECTRICAL DIVISION, IVTH FLOOR, G.P.O.BUILDING, BANGALORE-560 001. 3. THE ASSISTANT ENGINEER, POSTAL ELECTRICAL SUB DIVISION, PARUTHIPPURA, NALACHIRA.P.O, THIRUVANANTHAPURAM-695 015. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.19852 OF 2010(F) -------------------------------------------------- Dated this the 13th day of September, 2010 J U D G M E N T On behalf of the Additional Solicitor General, it is submitted that despite repeated requests, instructions are not forthcoming. In that view of the matter and as this case is coming up for the 4th time, this court is compelled to dispose of this writ petition without hearing the version of the respondents. 2. The prayer sought in this writ petition is to direct the respondents to pay Rs.1,75,090/- together with interest from 13.3.2009. There is a further prayer to direct the first respondent to release necessary funds for payment of amount due to the petitioner. 3. Petitioner submits that he has completed the contract works entrusted to him, to the satisfaction of the respondents and that the final bill was submitted to the 2nd respondent as early as on 13.3.2010. It is submitted that despite the submission of the bills and subsequent representations, there has not been any response for the payment of Rs. 1,75,090/- It is in these circumstances the writ petition is filed. WPC.No. 19852/2010 :2 : 4. In the light of the aforesaid averments in the writ petition which stands un-rebutted even as on date, there is no reason why the petitioner's pleading shall not be taken as admitted. 5. In that view of the matter, I dispose of this writ petition directing that on the production of a copy of the judgment, if funds have not been made available by the first respondent so far, the first respondent shall make available necessary funds to the 2nd respondent for settlement of the bills submitted by the petitioner. Petitioner shall produce a copy of the judgment before respondents 1 and 2 and thereupon the first respondent shall make available necessary funds within 4 weeks to the 2nd respondent and the 2nd respondent shall disburse the amount due to the petitioner within 4 weeks thereafter. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 19852/2010 :3 :