IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WA.No.327 of 2008 ------------------------------------- AGAINST THE JUDGEMENT IN WPC.22656/2007 Dated 12/12/2007 .................... APPELLANTS/RESPONDENTS IN THE WPC:- ------------------------------------------------------------- 1. THE EXECUTIVE ENGINEER, IDAMALAYAR IRRIGATION PROJECT, CHALAKUDY, THRISSUR DISTRICT. 2. THE DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. RESPONDENTS/PETITIONERS IN THE WPC:- -------------------------------------------------------------- 1. K.R.ANILKUMAR, GOVERNMENT CONTRACTOR, KUNDANI HOUSE, MATTATHUR P.O. KODAKARA VIA, THIRUSSUR DISTRICT. 2. M.SAJU, GOVERNMENT CONTRACTOR, CHALAKUDY P.O., THRISSUR DISTRICT. 3. K.T.GEORGE, GOVERNEMNT CONTRACTOR, KOLENCHERY HOUSE, MANJAPRA P.O. ANGAMALY-VIA, ERNAKULAM DISTRICT. W.A.No.327/2008 -2- 4. V.L.VARGHESE, GOVERNMENT CONTRACTOR, VADASSERY HOUSE, KONNAKUZHY, CHALAKUDY VIA, THRISSUR DISTRICT. 5. P.O.POULOSE, GOVERNMENT CONTRACTOR, PALLIPADAN HOUSE, MANJAPRA, ANGAMALY VIA, ERNAKULAM DISTRICT. 6. K.D.JOSE, GOVERNMENT CONTRACTOR, KANNATH HOUSE, KOOVAKKTTUKUNNU P.O. CHALAKUDY-VIA THRISSUR DISTRICT. 7. M.V.PAULOSE, GOVERNMENT CONTRACTOR, MAVELI HOUSE, KARUKUTTY P.O., ANGAMALY VIA, ERNAKULAM DISTRICT. 8. V.L.VARGHESE, GOVERNMENT CONTRACTOR, VENATTUPARAMBIL HOUSE, PARIYARAM P.O., CHALAKUDY VIA., THRISSUR DISTRICT. 9. T.K.JOY, GOVERNMENT CONTRACTOR, THAKKOLKKARAN HOUSE, KUTTIKKAD P.O., CHALAKUDY VIA., THRISSUR DISTRICT. 10. K.P.JOSEPH, GOVERNMENT CONTRACTOR, KANNAMPILLY HOUSE, NALUKETTU P.O., KONOOR, KORATTY VIA, THRISSUR DISTRICT. 11. M.V.KURIAKKU, GOVERNMENT CONTRACTOR, MORELY HOUSE, ANTHRAKKAMPADAM, MOTHIRAKKANNY P.O., CHALAKUDY VIA, THRISSUR DISTRICT. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.327 of 2008 ------------------------------------------------------- Dated, this the 4th day of February, 2008 JUDGMENT H.L.Dattu, C.J. The petitioners are Government Contractors. Aggrieved by the non-payment of balance amount sanctioned in Exts.P1 and P1(a) letter of credit for the reason that a Vigilance Enquiry is pending, they approached this Court with a prayer to direct the first respondent to release the amount due after accepting necessary bank guarantee. (2). The learned Single Judge, after notice to the respondents and after following the directions issued in identical cases in W.A.No.701/07, has directed the respondents to release the amunt due to the petitoiners on the petitioners furnishing sufficient bank guarantee. (3). The learned Judge has followed the Ruling of the Division Bench of this Court. It is expected of the learned Judge to follow what is laid down by the Division Bench of this Court in order to maintain uniformity and also the dignity of this institution. The learned Judge has followed what has been said by the Division Bench. We cannot say that the learned Judge was not justified in following the directions issued in more or less similar cases by the Division Bench. Therefore, we do not find any error committed by the learned Judge in passing the impugned order which would call for our interference. Accordingly, the appeal requires to be rejected and it is W.A.No.327/2008 -2- rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS