IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 OP.No. 16136 of 1999(U) --------------------------------- PETITIONER(S): ------------------------ T.V. MATHEW, CHEMPAKATHINAL HOUSE, KAVUMBHAGOM, THIRUVALLA. BY ADV. MR.S.SANTOSH KUMAR (PERUNAD) RESPONDENT(S): ------------------------- 1. THE MUNICIPAL COUNCIL, THIRUVALLA REP.BY THE SECRTARY, THIRUVALLA. 2. THE SECRETARY, MUNCIPAL COUNCIL, THIRUVALLA. 3. THE CHAIR PERSON, THIRUVALLA MUNICIPALITY. ADV. MR.P.R.VENKITESH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.26260/1999 IN OP. NO. 16136/1999 DISMISSED 01.06.2009 SD/- V.K.MOHANAN, JUDGE TRUE COPY P.A. TO JUDGE TSS V.K.MOHANAN, J. --------------------------------------------- O.P.No. 16136 of 1999 U --------------------------------------------- Dated this the 1st day of June, 2009 J U D G M E N T The petitioner is a contractor of the Thiruvalla Municipality and he was awarded with the work of tarring and maintenance of Adimathrapadi Teepani Road. Due to certain subsequent development, the petitioner submitted a petition before the Municipality requesting to relieve from the work which was accepted by the Municipality and by resolution No.11 dated 23.7.1996, it was resolved to return the retention amount of Rs.5839/- to the petitioner. Since the said amount was not paid, the petitioner approached this Court with a prayer to direct the respondents to disburse the retention amount to the petitioner. 2. From the records, it appears that on 7.9.1999, an order has already been passed by this Court directing the respondents to disburse the retention amount within three weeks from that date. So far, no counter affidavit is seen filed. Though the case is listed for hearing on several dates, nobody was present and thus on 27.5.2009, the case was adjourned to this date for hearing and disposal. Today also O.P.NO.16136 of 1999 :-2-: when the matter was taken, there is no representation either for the petitioner or for the respondents. In the result, this original petition is dismissed for non-prosecution. V.K.Mohanan, Judge MBS/ O.P.NO.16136 of 1999 :-3-: V.K.MOHANAN, JJ. -------------------------------------------- O.P.NO.16136 OF 1999 -------------------------------------------- J U D G M E N T DATED: 1-6-2009 O.P.NO.16136 of 1999 :-4-: