IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19083 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------- RAJAPPAN NAIR.A., THIRUVONAM, T.C.9/2009(1), KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. BY ADV. SRI.AJITH KRISHNAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOUSING DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR, KERALA STATE NIRMITHY KENDRA, BARTON HILL, KUNNUKUZHI.P.O., THIRUVANANTHAPURAM-695 037. 3. REGIONAL ENGINEER, KERALA STATE NIRMITHY KENDRA, BARTON HILL, KUNNUKUZHI.P.O., THIRUVANANTHAPURAM-695 037. BY SR GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19083/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MEMORANDUM OF UNDERSTANDING DATED 1/7/2009 ENTERED BETWEEN THE PETITIONER AND 3RD RESPONDENT. P2 COPY OF THE REPRESENTATION DATED 10/4/2011 BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.R. RAMACHANDRA MENON, J. --------------------------------------------- WP (C) No. 19083 of 2011 --------------------------------------------- Dated this the 19th day of July, 2010 JUDGMENT Petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus or wit of similar nature or order or direction commanding the respondent to pay the balance bill amount of Rs.44,07,252/- and to revise and enhance the estimate rate of the work mentioned in Ext.P1 with effect from February, 2010 forthwith. ii) Issue a writ of mandamus or writ of similar nature or order or direction commanding the 2nd respondent to consider Ext.P2 and pass approprate order sanctioning and disbursing the abalance bill amount of Rs.44,07,252/- and revising the estimate of the work mentioned in Ext.-P1 with effect from February, 2010 forthwith. 2. Learned counsel who appearing for the petitioner submits that the petitioner would be satisfied if a direction is given to the 2nd respondent to consider Exhibit P1 representation, wherein the grievance of the petitioner has been projected, and to have it finalized within a reasonable time. 3. Heard the learned Government Pleader as well. WP (C) No. 19083 of 2011 2 4. Considering the facts and circumstances, the writ petition is disposed of with a direction to the 2nd respondent to consider Exhibit P2 and pass appropriate orders thereon in accordance with law, after giving an opportunity of hearing as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 2nd respondent for further steps. P.R. RAMACHANDRA MENON, JUDGE. rkc