IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 19273 of 2009(D) PETITIONER(S): P.J.THOMAS, S/O. JOSEPH, AGED 54 YEARS, RESIDING AT PADIPPURAKKAL HOUSE, MATTUKATTA, AYYAPPANCOIL P.O., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): 1. THE KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (CENTRAL), KERALA STATE ELECTRICITY BOARD, ERNAKULAM. 3. THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, ELECTRICAL DIVISION, KATTAPPANA. 4. THE ASST. EXECUTIVE ENGINEER, ELECTRICAL SUB DIVN., KERALA STATE ELECTRICITY BOARD, KATTAPPANA P.O., IDUKKI DISTRICT. 5. THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD, NEDUMKANDAM, NEDUMKANDAM P.O., IDUKKI DISTRICT. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.19273 of 2009 ---------------------------------------- Dated this the 9th day of July, 2009. JUDGMENT The petitioner entered into a contract with the Electricity Board for construction of electric lines. Dispute arose in the course of execution of the contract. Clause 14 of Ext.P2 agreement had been referred to in this context. Ext.P2 states that any dispute or difference that may arise between the Executive Engineer and the contractor shall be referred to the Chief Engineer, whose decision shall be binding on both sides. This course was directed to be adopted by this court in Ext.P20. The matter is, therefore, to be decided by the Chief Engineer. In the meanwhile, presumably, without noticing the judgment, the Chief Engineer passed Ext.P21 order black listing the petitioner. W.P.(C).No.19273 of 2009 :: 2 :: 2. Learned standing counsel for the Electricity Board, on instructions, submits that Ext.P21 shall be kept in abeyance and shall also be subject to the decision to be taken by the Chief Engineer, as per the direction contemplated in Ext.P20 judgment. The submission is recorded and the writ petition is disposed of. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge