IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 11151 of 2005(C) --------------------------------------- PETITIONER: ------------------ MR. SIBY THOMAS, S/O. V.U. THOMAS, VADAKKECHURAVELIL, PERUNTHURUTHU P.O., KALLARA, KOTTAYAM DISTRICT., REP. BY POWER OF ATTORNEY HOLDER MR.P.U. THOMAS, S/O. ULAHANNAN, AGED 61 YEARS, RESIDING AT VADAKKECHURAVELIL, PERUNTHURUTHY, KALLARA, KOTTAYAM DISTRICT. BY ADV. SRI.C.J.JOY SRI.V.J.JAMES RESPONDENTS: ----------------------- 1. M/S. COCHIN SHIPYARD LTD., KOCHI-15, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. DY.GENERAL MANAGER, SHIP REPAIR & MAINTENANCE, COCHIN SHIPYARD LTD., KOCHI-15. 3. THE SENIOR MANAGER, ELECTRICAL DEPARTMENT, SHIP REPAIR OPERATIONS, COCHIN SHIPYARD LTD., KOCHI-15. 4. THE GENERAL DEPARTMENT, CHOCHIN SHIPYARD LTD., KOCHI-15. 5. THE CHIEF VIGILANCE OFFICER, COCHIN SHIPYARD LTD., KOCHI-15 6. THE CENTRAL VIGILANCE COMMISSION GOVERNMENT OF INDIA, NEW DELHI. 7. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF SURFACE TRANSPORT, NEW DELHI. BY ADV. SRI.A.M.SHAFFIQUE (SR.) FOR R1 TO 5 SRI.E.K.NANDAKUMAR FOR R1 TO 5 SRI.A.K.JAYASANKAR NAMBIAR FOR R1 TO 5 SMT.PRIYA MAHESH FOR R1 TO 5 SRI.JOBY CYRIAC, CGC FOR R7 SRI.P.PARAMESWARAN NAIR, ASST. S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11151/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE POWER OF ATTONRY DT. 19.5.01 EXECUTED BY THE PETITIONER IN FAVOUR OF MR.P.U.THOMAS. EXT.P2:- COPY OF THE RELEVANT PARTS OF THE GUIDANCE RATES FOR THE SUB- CONTRACT WORK 1966, ISSUED BY THE IST RESPONDENT. EXT.P3:- COPY OF THE WORK ORDER DT. 28.4.1998 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P3(a):- COPY OF THE WORK ORDER DT. 28.4.1998 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P3(b):- COPY OF THE WORK ORDER DT. 20.9.2000 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P4:- COPY OF THE REPRESENTATION DT. 28.9.2000 IS SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P5:- COPY OF THE REPRESENTATION DT. 9.9.01 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P6:- COPY OF THE REPRESENTATION DT. 9.9.01 SUBMTITED BY THE PETITIONER TO the 6TH RESPONDENT. EXT.P7;- COPY OF THE REPLY DT. 18.12.2001, ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P8:- COPY OF THE LETTER DT. 27.12.2001 SENT TO THE 5TH RESPONDENT, BY THE PETITIONER. EXT.P9:- COPY OF THE REPRESENTATION DT. 18.12.2001 SUBMITTED THE 6TH RESPONDENT BY THE PETITIONER. EXT.P10:- COPY OF THE LETTER DT. 1.1.02 RECEIVED THE PETITIONER FROM THE 2ND RESPONDENT. EXT.P11:- COPY OF THE REPLY DT. 2.2.02 SUBMTITED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P12:- COPY OF THE LETTER DT. 20.9.1999 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P13:- COPY OF THE REPLY DT. 18.3.02 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P14:- COPY OF THE LETTER DT. 24.12.02, ISSUED BY THE 2ND RESPONDENTS TO THE PETITIONER INFORMING HIM ABOUT THE CANCELLATION OF HIS SUB- CONTRACTOR SHIP. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.11151 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Issue a writ of mandamus commanding the respondents 5 to 7 to dispose of Exhibits P8, P9 and P6 respectively within a reasonable time after affording the petitioner an opportunity to substantiate his contentions. ii) Issue a writ of certiorari quashing Exhibit P14 as one passed without affording the petitioner a reasonable opportunity to show cause pursuant to Exhibit P12 as requested for in Exhibit P13. iii) Issue a writ of mandamus commanding respondents 1 to 3 to introduce Guide Rates for Electrical Repair Works in the 1st respondent Cochin Shipyard as undertaken by the 5th respondent in Exhibit P7 within a reasonable time. In view of the stand taken in the counter affidavit, in case the petitioner has still any grievance left, he may approach the first respondent. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 11151 OF 2005 J U D G M E N T 18.07.2008