IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 W.A.No. 1410 of 1999(A) ---------------------------------- AGAINST THE JUDGEMENT IN OP.5676/1999 DATED 05/04/1999 .................... APPELLANT/PETITIONER: ------------------------------------- N.E.ABRAHAM, SON OF ITHAPPIRI, AGED 65, NJATTUMKALAYIL HOUSE, VALAMBOOR KARA, KADAYIRIPPU P.O., KOLENCHERRY. BY ADV. SRI.M.C.JOHN RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CHIEF ENGINEER KIP (RB) KOTTARAKKARA. 3. THE SUPERINTENDING ENGINEER, KIP (RB) CIRCLE, KOTTARAKKARA. 4. THE EXECUTIVE ENGINEER KIP (RB) DIVISION NO.11, KOTTARAKKARA. BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A.No.1410 of 1999 & I.A.No.646 of 2008 ------------------------------------------ Dated, this the 28th day of October, 2008 JUDGMENT H.L.Dattu, C.J. I.A.No.646 of 2008 is filed by the appellant for certain directions to the State Government. Since the writ appeal is of the year 1999, instead of considering the prayer in the application, the main matter itself can be disposed of. Therefore, we have taken up W.A.No.1410 of 1999 for final hearing by consent of the learned counsel appearing for the parties to the lis. (2) Petitioner in O.P.No.5676 of 1999 is a contractor. According to him, he has executed certain works entrusted by the State Government. It was his grievance in the original petition filed before this Court that though he has completed all the works that are entrusted to him, the respondents have not settled the amounts due under several final bills. In the original petition filed, the main prayer was to direct the respondents to consider his representation (Ext.P4) and then make payments towards the works said to have been executed by the petitioner, in particular, Vallikkunnam Minor Distributory and Edavanasserry Minor Distributory. The learned Single Judge by his orders dated 5th April, 1999, has disposed of the original petition with a direction to the State Government to pay the W.A.No.1410 of 1999 2 amounts covered by the bills submitted by the petitioner on execution of sufficient bank guarantee to the satisfaction of the 4th respondent therein. (3) Aggrieved by that portion of the order passed by the learned Single Judge, wherein he had directed the petitioner to furnish sufficient bank guarantee to the satisfaction of the 4th respondent for making the payments covered under various bills, the petitioner is before this Court in W.A.No.1410 of 1999. (4) This Court after entertaining the writ appeal has passed several interim orders. One of the orders so passed by this Court was also carried by way of Special Leave Petition before the apex Court by the State Government. After granting leave, the Supreme Court has also disposed of Civil Appeal No.7123 of 2000 by its orders dated 3rd May, 2007. (5) During the pendency of this writ appeal, the State Government after considering Ext.P4 representation filed by the petitioner/appellant has passed two orders in regard to Vallikkunnam and Edavanassery projects. They are dated 3rd October, 2008 and 25th August, 2008 respectively. (6) In view of this development, in our opinion, at this stage, we need not express any opinion on the merits or demerits of the W.A.No.1410 of 1999 3 contentions canvassed by both the learned counsels. (7) Accordingly, we dispose of this writ appeal by reserving liberty to the appellant, if he so desires, to question the correctness or otherwise of the various orders passed by the State Government during the pendency of this appeal, before appropriate forum. (8) Consequently, all pending interlocutory applications stand rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns/dk