IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 26396 of 2005(P) -------------------------------------- PETITIONER: ----------------- T.P. JOSEPH, GOVT.CONTRACTOR, THOTTATHIL HOUSE, NADAKKAVU P.O., TRIPUNITHURA-VIA., ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT.OF FINANCE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT DEPT.OF PUBLIC WORKS, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, P.W.D., ROADS DIVISION, ERNAKULAM. 4. THE ASST.EXECUTIVE ENGINEER, P.W.D. ROADS SUB DIVISION, ERNAKULAM. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).26396/2005-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DETAILS OF WORKS EXECUTED BY THE PETITIONER. EXT.P2: COPY OF G.O.(P).NO.84/97/PW &T DATED 19/08/97 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF CLAUSE 68 OF MDSS. EXT.P4: COPY OF THE SPECIAL CONDITIONS OF CONTRACT EXECUTED WITH THE 3RD AND 4TH RESPONDENT. EXT.P5: COPY OF SECTION 29 OF P.W.D. MANUAL. EXT.P6: COPY OF ARTICLE 15.2.2 OF KERALA P.W.D. MANUAL. EXT.P7: COPY OF ARTICLES 180, 184 AND 185 OF THE KERALA FINANCIAL CODE. EXT.P8: COPY OF THE JUDGMENT DATED 18/09/2002 IN O.P. NO.25741/02 OF THIS HON'BLE COURT EXT.P9: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CONT. CASE © NO.378/04 DATED 25/06/2004. EXT.P10: COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA DATED 04/05/2005 IN CIVIL APPEAL NO.3148/05 AND CONNECTED CASES. EXT.P11: COPY OF G.O.(Rt).NO.193/04/PWD DATEDE 19/02/2004 ISSUED B Y THE 2ND RESPONDENT. EXT.P12: COPY OF THE REPRESENTATION DATED 09/05/2005 FILED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 26396 of 2005 ----------------------------------------- Dated this the 27th day of June, 2008 JUDGMENT In the matter of releasing admitted bill amounts, in case the petitioner has still any grievance left, he may approach the first respondent in which case appropriate action in accordance with law will be taken within another three months. The question of interest is left open. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.26396 of 2005 ----------------------------------- JUDGMENT 27th June, 2008