IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 30999 of 2011(Y) -------------------------- PETITIONER(S): --------------- M/S. K.M. KOYA GOVERNMENT CONTRACTORS, CHALIYAM,KOZHIKODE DIST, PIN-673301, REP.BY ITS PARTNER, K.M.ADAM MALIK AGED 40 YEARS, S/O.LATE K.M.KOYA BY ADV. SRI.K.S.BABU SMT.N.SUDHA SRI.BABU SHANKAR RESPONDENT(S): --------------- 1. SOUTHERN RAILWAY, HEAD QUARTERS OFFICE PARK TOWN, CHENNAI-600003 REP.BY ITS GENERAL MANAGER, 2. CHEIF ADMINISTRATIVE OFFICER, CONSTRUCTION BRANCH,SOUTHERN RAILWAY, EGMORE, CHENNAI-600008 3. CHIEF ENGINEER CONSTRUCTION, SOTHERN RAILWAY, ERNAKULAM, COCHIN-16 4. THE DEPUTY CHIEF ENGINEER CONSTRUCTION, SOTHERN RAILWAY, ERNAKULAM, COCHIN-16 5. FINANCIAL ADVISOR & CHIEF ACCOUNS OFFICER, CONSTRUCTION, SOUTHERN RAILWAY, EGMORE, CHENNAI-600008 6. SENIOR ASST.FINANCIAL ADVISOR CONSTRUCTION,SOUTHERN RAILWAY, ERNAKULAM, COCHIN-16 7. UNION OF INDIA, REP.BY THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, CHENNAI-600003 ADV. SRI.V.E.ABDUL GAFOOR,SC, RAILWAYS FOR R1-7 SC SRI.C.S. DIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30999 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1:- TRUE PHOTOSTAT COPY OF LETTER OF ACCEPTANCE NO.W.496/CN/ERS 07/2010(1)DTD 14/9/2010 ISSUED BY THE 4TH RESPONDENT. EXT.P2:- TRUE PHOTOSTAT COPY OF THE TERM DEPOSIT DTD 3/5/2011 ISSUED BY STATE BANK OF TRAVANCORE, KATHRIKADAVU BRANCH EXT.P3:- TRUE PHOTOSTAT COPY OF LETTER DTD 12/7/2011 ISSUED BY CHIEF MECHANICAL ENGINEER, HEAD QUARTERS OFFICE, SOUTHERN RAILWAY, CHENNAI TO THE 2ND RESPONDENT. EXT.P4:- TRUE PHOTOSTAT COPY OF LETTER NO.WCN/B/GT.16/2011.12/GL DTD 14/7/2011 ISSUED BY 2ND RESPONDENT TO THE CHIEF PLANNING AND DESIGNING ENGINEER, MADRAS, EXT.P5:- TRUE PHOTOSTAT COPY OF THE LETTER DTD 6/7/2011 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENTS EXT.P6:- TRUE PHOTOSTAT COPY OF LETTER DTD 19/9/2011 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT WITH COPY TO RESPONDENTS 3 & 4 EXT.P7:- TRUE PHOTOSTAT COPY OF THE DEMAND NOTICE DTD 26TH AUGUST 2011 ISSUED BY CHIEF MANAGER/AUTHORIZED OFFICER OF FEDERAL BANK LTD, ZONAL OFFICE,KOZHIKODE TO THE PARTNERS OF THE PETITIONER FIRM. /true copy/ P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).30999/2011 .............................................. Dated this the 14th day of December, 2011 JUDGMENT By Ext.P1, the work of Construction of Diesel shed, Heavy Duty Flooring, Examination Pit, P.Way works etc., were awarded to the petitioner. Accordingly, agreement was also executed between the parties. In this writ petition what is claimed by the petitioner is payment of Rs.22,92,380/- claimed towards the 1st part bill, which, according to the petitioner, was passed on 24.5.2011. 2. Although the learned Standing Counsel appearing for respondents 1 to 6 admitted that the said amount is due, what is sought for is that the respondents require some time to make payment. 3. Having heard the learned counsel on both sides and taking note of the fact that the liability is undisputed, I direct that the amount of Rs.22,92,380/- be paid to the petitioner within four months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs