IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 20572 of 2004(Y) ------------------------------------- PETITIONER: ------------------ K.V.JOY, GOVERNMENT CONTRACTOR, KALLAPPARA HOUSE, KUMARAPURAM P.O. PALLIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, PWD(ROADS AND BRIDGES), SOUTH CIRCLE, TRIVANDRUM. 3. EXECUTIVE ENGINEER, PWD (ROADS AND BRIDGES), ROADS DIVISION, ALAPPUZHA. BY GOVERNMENT PLEADER SRI,. MOHAMMED ANZAR FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20572 of 2004(Y) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A TRUE PHOTO COPY OF THE RELEVANT PORTION OF THE TENDER SCHEDULE DETAILING THE RATES FOR FIXING THE DEPARTMENTAL ELASTROMETRIC BEARING. EXT.P2 - A TRUE COPY OF THE PROCEEDING NO. DB-13-345/96 DATED 25.8.2000. EXT.P3 - A TRUE COPY OF THE SUPPLEMENTARY AGREEMENT EXECUTED BY THE PETITIONER DATED 24.8.2000, SENT BY THE 2ND RESPONDENT TO THE ACCOUNTANT GENERAL (AUDIT). EXT.P4 - A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE 3RD RESPONDENT ON 25.2.2004. EXT.P5 - A TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 1.3.2004. TRUE COPY/ PA TO JUDGE rhs KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.20572 OF 2004 --------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T In the matter of payment of bill amount, in view of the counter affidavit filed by the second respondent, in case the petitioner has still any grievance left, he may workout his remedy before the Civil Court, in which case, the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 20572 OF 2004 J U D G M E N T 01.09.2008