IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 31927 of 2009(I) -------------------------------------- PETITIONER: ------------------- K.A.YOOSAF, S/O.ALIKUNJU, AGED 60 YEARS, P.W.D.CONTRACTOR, KARUKAPPADATH HOUSE, ERIYAD P.O., KODUNGALLUR VIA, THRISSUR DISTRICT, PIN-680 666. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INLAND NAVIGATION, INLAND NAVIGATION DIRECTORATE, KALLADA HOUSE, ASRAMAM P.O., KOLLAM, PIN-692 002. 3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAPPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. D. ASIF ALI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31927/2009-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT NO.28/DIR/INDT/07-8 DTD. 26/10/07 EXECUTED BETWEEN THE PETITIONER AND R.2. EXT.P.2: COPY OF THE ORDER NO.D1.1610/DIR/INDT/07 DTD. 15/10/2008 ISSUED BY THE R.2. EXT.P.3: COPY OF THE SUPPLEMENTAL AGREEMENT NO.1 TO THE ORIGINAL AGREEMENT NO.28/DIR/INDT/2007-08 DTD. 26/10/07 EXECUTED BETWEEN THE PETITIONER AND THE R.2. EXT.P.4: COPY OF THE ORDER NO. D1.1610/DIR/INDT/07 DTD. 17/02/09 ISSUED BY THE R.2. EXT.P.5: COPY OF THE SUPPLEMENTAL AGREEMENT NO.2. TO THE AGREEMENT NO.28/DIR/INDT/07-08 DTD. 26/10/2007 EXECUTED BETWEEN THE PETITIONER AND THE R.2. EXT.P.6: COPY OF THE CIRCULAR NO. 60/08/FIN. DTD. 10/10/08 ISSUED BY THE GOVERNMENT. EXT.P.7: COPY OF THE REPRESENTATION DTD. 05/01/09, SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT ENGINEER, IRRIGATION SECTION NO.I, PONNANI. EXT.P.8: COPY OF THE REPRESENTATION DTD. 27/01/09 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.9: COPY OF THE REPRESENTATION DTD. 05/08/09 FILED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS. EXT.P.10: COPY OF THE JUDGMENT DTD. 31/03/09 IN W.P.(C).NO.8245/2009 OF THIS HONOURABLE COURT. EXT.P.11: COPY OF THE JUDGMENT DTD. 08/04/09 IN W.P.(C).NO.11911/09 OF THIS HONOURABLE COURT. EXT.P.12: COPY OF THE G.O.(RT).NO.25/09/ISIND DTD. 26/06/09 ISSUED BY THE GOVERNMENT. EXT.P.13: COPY OF THE REPRESENTATION DTD. 01/07/09 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.14: COPY OF THE REPRESENTATION DTD. 10/07/09 FILED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31927 OF 2009(I) -------------------------------------------------- Dated this the 15th day of September, 2010 J U D G M E N T The only relief that is pressed by the counsel for the petitioner is a direction to the first respondent to consider and pass orders on Ext.P14, a representation made by the petitioner seeking to discharge him from the agreement by releasing the retention amount, security deposit and balance admitted bill amount. Having regard to the pendency of the said representation, without expressing anything on the merits of the claim raised, this writ petition is disposed of directing that, the first respondent will consider Ext.P14 and orders thereon will be passed at any rate within 3 months from the date of production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :