IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 W.P(C).No. 30927 of 2008(F) ------------------------------------- AGAINST THE ORDER IN EP 102/ 2005 IN OP(ARB.) No. 278/1990 OF PRL.SUB COURT,TRIVANDRUM. ................................... PETITIONER : ---------------------- N.D.MATHAI, AGED 60 YEARS, S/O.DANIEL, CONTRACTOR, NELLIMATTATHIL HOUSE, NELLAD P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT IN ENGINEER, KIP(LB) CIRCLE, NOW AMALGAMATED WITH R.B.CIRCLE, KOTTARAKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. --------------------------------------- W.P(c) No. 30927 of 2008 ------------------------------ Dated this the 13th day of November, 2008 JUDGMENT Heard counsel for the petitioner and Government pleader appearing for the respondents. Government pleader submits that S.L.P.C 3949 of 2005 is still pending before the Hon'ble Supreme Court and therefore it is only proper that by impugned order the court below has directed the petitioner to furnish security. Filing S.L.P will not operate as stay. If at all the respondents want to see that the amount is not disbursed to the petitioner/decree holder, he has to obtain stay from the apex court, for which two weeks time is granted. In case no stay is reported within the said two weeks, the court below shall issue cheque without insisting for security. Writ petition is disposed of as above. K.P. BALACHANDRAN, JUDGE scm