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2026 Supreme(Online)(Ker) 10046
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
K.R. BAIJU – Appellant
Versus
THE GENERAL MANAGER SOUTHERN RAILWAY – Respondent
WP(C) NO. 43318 OF 2025
For the Appellants/Petitioners: SRI.S.SHANAVAS KHAN, SMT.S.INDU, SHRI.V.K.ABDUL NASIR, SHRI.GOVIND H. NAIR
For the Respondents: SHRI.ROHITH R. KARTHA, CGC
Writ of Mandamus ordered for the release of deposits subject to submission of no claim certificate.
Headnote:The petition concerns the issuance of a Writ of Mandamus for the release of the Earnest Money Deposit, Security Deposit, Bank Guarantee, and final bill from the respondents. The petitioner undertook the work awarded by the 2nd respondent and claims entitlement to these amounts under Ext.P1. The respondents stated that the Earnest Money Deposit and Security Deposit are available and will be released upon the submission of a no claim certificate. The Court directed that the mentioned amounts shall be released within one month of the application submission with no claim certificate.
| Table of Content |
|---|
| 1. petition regarding release of payments. (Para 1) |
| 2. respondents' obligation to release funds upon conditions. (Para 2) |
| 3. court's directive for time-bound release of funds. (Para 3) |
JUDGMENT
This writ petition is submitted by the petitioner who undertook the work of “Divisional Engineer North Portion CTR(P) with TRT Machine (6.578Km) Manual CTR for 0.500 KM (PB 872/19-20) awarded by the 2nd respondent. The reliefs sought in this writ petition are as follows:-
i. Issue a Writ of Mandamus or any other Writ, Order or direction directing the respondents to release the EMD of Rs.2,70,700/-, Security Deposit of Rs.7,28,805/-, Bank Guarantee of Rs.1,63,407/- and final bill of Rs.2,10,676/- due to the petitioner in respect of the work undertaken on the strength of Ext.P1 forthwith ii.Declare that petitioner is entitled to get EMD of Rs.2,70,700/-, Security Deposit of Rs.7,28,805/-, Bank Guarantee of Rs.1,63,407/- and final bill of Rs.2,10,676/- in respect of the work undertaken on the strength of Ext.P1 and iii.Pass such other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
2. A statement has been submitted on behalf of the respondents, wherein it is averred that Earnest Money Deposit, i.e., part amount of security deposit for Rs.2,70,700 and balance Security Deposit of Rs.7,28,805/-, are available in the Associate Finance and the same will be released on receipt of an application with no claim certificate from the petitioner. It is submitted by the Learned Counsel for the petitioner that, apart from the amounts referred to above, all the amounts are already released.
3. In such circumstances, this writ petition is disposed of directing the respondents to ensure that the amounts payable to the petitioner towards Earnest Money Deposit and the balance Security Deposit shall be released to the petitioner within a period of one month from the date on which, the petitioner is submitting an application along with a no claim certificate.
Sd/-
ZIYAD RAHMAN A.A.
