IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 15712 of 2006(U) -------------------------------------- PETITIONER: ------------------ C.H.ABOOBACKER HAJI, AGED 69 YRS, S/O. M.P.ABDUL RAHMAN, GOVT. CONTRACTOR, RESIDING AT `SHAHINA', THANA, KANNUR. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPAGATH RESPONDENTS: ----------------------- 1. THE SECRETARY, MAYYIL GRAMA PANCHAYAT, MAYYIL, KANNUR. 2. MAYYIL GRAMA PANCHAYAT BOARD COMMITTEE, REP. BY PRESIDENT, MAYYIL, KANNUR. 3. ASSISTANT EXECUTIVE ENGINEER, L.S.G.D. (PWD), PAYYANNUR. 4. THE EXECUTIVE ENGINEER, L.S.G.D. (PWD), KANNUR. 5. CONVENER (DISTRICT COLLECTOR), DISTRICT LEVEL TECHNICAL COMMITTEE (DLTC), KANNUR. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R3, R4 & R5 ADV. SRI.GRASHIOUS KURIAKOSE FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15712/2006-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF 1ST RESPONDENT, DATED 03/07/03. EXT.P2: COPY OF THE STATEMENT OF PAYMENT ISSUED BY 1ST RESPONDENT. EXT.P3: COPY OF THE REQUEST THE LETTER MADE BY PETITIONER DATED 22/03/04. EXT.P4: COPY OF THE LETTER DATED 20/07/04. EXT.P5: COPY OF THE LETTER ISSUED BY SECRETARY LOCAL ADMINISTRATION, TVM, DATED 29/07/04. EXT.P6: COPY OF THE LETTER ISSUED TO 4TH RESPONDENT DATED 09/09/04. EXT.P7: COPY OF THE LETTER DATED 15/10/04 SENT BY 4TH RESPONDENT TO 1ST RESPONDENT. EXT.P8: COPY OF THE GUIDELINES ISSUED BY THE KERALA GOVERNMENT. EXT.P9: COPY OF THE LETTER DATED ON 28/10/04 MADE BY PETITIONER TO 1ST RESPONDENT. EXT.P10: COPY OF THE LETTER DATED 18/11/04. EXT.P11: COPY OF THE LETTER DATED 17/05/05. EXT.P12: COPY OF THE LETTER DATED 20/05/05 ISSUED BY 4TH RESPONDENT. EXT.P13: COPY OF THE REQUEST LETTER DATED 21/12/05. EXT.P14: COPY OF THE LETTER DATED 22/04/06. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.15712 OF 2006 --------------------------------------- Dated this the 5th day of September, 2008. J U D G M E N T Petitioner approached this Court with the following prayers: i) Issue a writ of mandamus such other writ directing 1st respondent to release EMD to the petitioner, deposited as per the Ext.P1 within such time this Hon'ble court deem fit to allow. ii) Issue a writ of mandamus such directing respondent to sanction final bill submitted by the petitioner in respect of the work of Mayyil Bus stand cum Shopping Complex, within such time this Hon'ble Court may deem fit to allow. As far as the first prayer is concerned, the same has been granted by the interim order dated 07.04.2008. As far as the second prayer is concerned, there will be a direction to the 5th respondent to take appropriate action in accordance with law in the matter, with notice to the petitioner and the second respondent, within a period of four months from the date of production of a copy of this judgment along with copy of the writ petition by the petitioner. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 15712 OF 2006 J U D G M E N T 05.09.2008