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. 26935 of 2010(N) -------------------------- PETITIONER(S): --------------- K.KARUNAKARAN, VAZHASSERIL PUTHUVAL MUTHYKULAM NORTH, CHOOLATHERUVU PO. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY ITS SECRETARY TO GOVT, IRRIGATION DEPARTMENT, GOVT. SECRETARIAT,TRIVANDRUM. 2. THE SUPERINTENDING ENGINEER, SOUTH CIRCLE IRRIGATION DEPARTMENT,TRIVANDRUM. BY G.P.SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.26935 of 2010 (N) --------------------------------- Dated, this the 15th day of September, 2010 J U D G M E N T Petitioner claims that he is a contractor. He was awarded certain contract works. According to him, the work had to be stopped on the directions of the respondents. He states that he claimed damages by filing O.S.No.24/04 in the Sub Court, Attingal. Though the suit was decreed, appeal and cross appeal are pending. Meanwhile, the petitioner wants the security deposit refunded. It is for that purpose, the writ petition has been filed. 2. Having regard to the fact that litigations between the parties are pending, it will not be possible for this Court to issue any direction as sought for. However, it is seen that the petitioner has sought release of the security deposit by filing Ext.P5 representation before the 2nd respondent and according to the petitioner, orders have not been passed on Ext.P5 so far. In that view of the matter, without expressing anything on the merits of the contentions raised, this writ petition is disposed of WP(C) No.26935/2010 -2- directing the 2nd respondent to consider Ext.P5 representation and pass orders thereon. This the 2nd respondent shall do as expeditiously as possible, at any rate, within six weeks of production of a copy of this judgment, along with a copy of this writ petition. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg //TRUE COPY// PA TO JUDGE.