IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 OP.No. 14945 of 2003(D) ---------------------------- PETITIONERS: ---------------- 1. P.V. KABEER KHAN, AGED 39, S/O. BAVA RAVUTHAR, POTTEKANDATHIL HOUSE, NEAR NGO QUARTERS, MUVATTUPUZHA. 2. P.M. BASHEER, AGED 46, S/O. MEERANNAN, PURAMADATHIL HOUSE, VAZHITHALA, THODUPUZHA. BY ADVS. KURIAKOSE PETER T. SRI.ABRAHAM P. GEORGE. RESPONDENTS: ------------------ 1. UNION OF INDIA, REP. BY SECRETARY, SURFACE TRANSPORT, MINISTRY, NEW DELHI. 2. EXECUTIVE ENGINEER, NATIONAL HIGHWAYS (C) DIVISION, TRISSUR. 3. ASST. EXECUTIVE ENGINEER, NATIONAL HIGHWAY, SUB DIVISION No.2, TRISSUR – 20. ADDL.R4. THE EXECUTIVE ENGINEER, N.H. DIVISION, KODUNGALLOOR. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 19.10.04 IN I.A.No.14044/2004.) BY ADV. SRI.M.L.SURESH KUMAR, CGC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.14945/2003 Order on C.M.P.Nos. 11242/03, 12823/03 & 24953/03 Dismissed. 17.06.2011. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF OFFICE LETTER DTD. 8.3.00 SEND BY R3 TO R2 SEEKING PERMISSION FOR ENGAGING PRIVATE CONVEYANCE. EXT. P2 : COPY OF REPLY OFFICE LETTER DTD. 8.3.00 ISSUED BY R2 PERMITTING R3 TO ARRANGE PRIVATE CONVEYANCE. EXT. P3 : COPY OF REPRESENTATION DTD. 20.2.03 WITH DETAILS OF TRANSPORTATION AND CORRESPONDING M BOOK ENTRY SUBMITTED BY PETITIONERS TO R2. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- O.P. No.14945 OF 2003 --------------------------------------- Dated this the 17th day of June, 2011. J U D G M E N T The petitioners are transport carriage contractors. It is stated that they had supplied bitumen to the work spots under the supervision of the 3rd respondent at the request of the 2nd and 3rd respondents from Coimbatore and Ambalamugal. In the writ petition, the main prayer is the following: “i) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the due amount of Rs.2,08,000/- to the first petitioner and Rs.14,000/- to the 2nd petitioner with interest @ 12% per annum from the date of completion of the work till its disbursement, forthwith in the interest of justice”. 2. Learned counsel for the petitioners submits that even though Ext.P3 claim was raised, so far the same has not been considered by the 2nd respondent and therefore, the 2nd respondent may be directed to consider the same and communicate the decision to the petitioners. O.P. No.14945/2003 2 I am not going to the merits of the claim raised by the petitioners. Since Ext.P3 representation is still pending before the 2nd respondent, there will be a direction to the 2nd respondent to consider the same, after notice to the petitioners, and take a decision in accordance with law within a period of three months from the date of receipt of a copy of this judgment. This original petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp