IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 35004 of 2004(P) -------------------------------------- PETITIONER: ------------------- JACOB PARACKAL, AGED 49, CONTRACTOR, PARACKAL HOUSE, KANJOOR POST, KALADY, ERNAKULAM DISTRICT. BY ADVS. SRI.VARGHESE C.KURIAKOSE, SRI.PRAVEEN K. JOY. RESPONDENTS: ------------------------ 1. THE GOVERNMENT OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, FOREST DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT FOREST OFFICER, PARAMBIKKULAM. 3. THE HINDUSTAN NEWS PRINTS LIMITED, NEW PRINTS NAGAR P.O. KOTTAYAM DISTRICT, REP. BY THE SENIOR MANAGER, FORESTRY. R1 & R2 BY GOVT. PLEADER SMT. N. SUDHA DEVI, R3 BY ADV.SRI.E.K.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35004/2004-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 19/07/1989. EXT.P.2: COPY OF THE LETTER DTD. 18/07/1989 ISSUED BY THE PETITIONER. EXT.P.3: COPY OF THE LETTER DTD. 20/06/1992. EXT.P.4: COPY OF THE JUDGEMENT DTD. 11/12/2003 IN CRL.APPEAL NO. 453/1994. EXT.P.5: COPY OF THE LETTER DTD. 02/02/2004. EXT.P.6: COPY OF THE LETTER DTD. 08/06/2004. EXT.P.7: COPY OF THE LETTER DTD. 08/09/2004. EXT.P.8: COPY OF THE LETTER DTD. 15/09/2004. EXT.P.9: COPY OF THE LETTER DTD. 14/10/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35004/2004-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2010 J U D G M E N T The petitioner is a Government Contractor. The third respondent, on the basis of a tender, granted certain contract works in respect of various work orders for transport of Bamboos, to the petitioner. The work was completed. But, in the meanwhile, he was involved in a criminal case and, ultimately, by Ext.P4 Judgment in Crl.Appeal No.453/1994, he was acquitted by this Court. Thereafter, for getting payment under the final bill, he approached the second and third respondents. Inspite of reminders being forwarded, no further action was taken by them. It is in these circumstances, the writ petition is filed seeking for various directions. 2. Heard the learned counsel appearing for the third respondent. The learned counsel for the third respondent submitted that the petitioner will have to produce Non- liability Certificate from the second respondent and on receipt of the same steps will have to be taken to disburse the amounts under the final bill. 3. Ext.P8 is the application submitted by the petitioner before the second respondent for issuing the Non-liability Certificate. It appears that the delay W.P.(C). No.35004/2004 -:2:- occurred on the part of the second respondent in the light of the pendency of the criminal case against the petitioner. It is pointed out that the copy of the Judgment, Ext.P4, has also been forwarded to the second respondent. 4. Therefore, there will be a direction to the Divisional Forest Officer concerned to issue the Non- liability Certificate to the petitioner in accordance with law within a period of three weeks and, on production of the same, the third respondent will take steps to disburse the amounts due to the petitioner expeditiously. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms