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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937

WP(C).No. 36321 of 2015 (M)

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PETITIONER :

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ROJER MATHEW & CO.,

G-203, PURAPPADATHIL, PANAMPILLY NAGAR

KOCHI - 36, ERNAKULAM

REPRESENTED BY ITSCHIEF EXECUTIVE OFFICER

ROJER MATHEW.

BY ADVS.SRI.PHILIP J. VETTICKATTU

SRI.B.PREMNATH

SRI.VINEETH KURIAKOSE

RESPONDENT(S) :

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1. THE SUPERINTENDING ENGINEER

PUBLIC WORKS DEPARTMENT, (BUILDING DIVISION)

SOUTH CIRCLE, TRIVANDRUM - 695 001.

2. THE EXECUTIVE ENGINEER

PUBLIC WORKS DEPARTMENT, (BUILDINGS DIVISION)

2ND FLOOR, MINI CIVIL STATION, PATHANAMTHITTA-689 645.

3. STATE OF KERALA

REPRESENTED BY THE SECRETARY,

PUBLIC WORKS DEPARTMENT

SECRETARIAT, TRIVANDRUM - 695 001.

R1 TO R3 BY GOVT. PLEADER SMT. C.K. SHERIN

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 11-12-2015, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

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...2/-

WP(C).No. 36321 of 2015 (M)

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APPENDIX

PETITIONERS' EXHIBITS :

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EXT.P-1:

TRUE COPY OF THE SELECTION NOTICE DATED 16.9.2014 FROM THE

OFFICE OF THE IST RESPONDENT.

EXT.P-2:

TRUE COPY OF THE RELEVANT PAGES OF TREASURY BANK SAVINGS

PASS BOOK.

EXT.P-3:

TRUE COPY OF THE RELEVANT PAGES OF AGREEMENT DATED

30.9.2014 EXECUTED BETWEEN THE PARTIES.

EXT.P-4:

TRUE COPY OF THE CERTIFICATE DATED 20.11.2015 ISSUED FROM

THE OFFICE OF THE 2ND RESPONDENT.

EXT.P-5:

TRUE COPY OF THE ORDER DATED 17.11.2014 ISSUED BY THE

SUPERINTENDING ENGINEER.

EXT.P-6:

TRUE COPY OF THE JUDGEMENT IN WP(C) NO.4224/2015 OF THIS

HON'BLE COURT.

EXT.P-7:

TRUE COPY OF THE JUDGEMENT IN WP(C) NO.4753/2015 OF THIS

HON'BLE COURT.

EXT.P-8:

TRUE COPY OF THE JUDGEMENT IN WP(C) NO.11287/2015 OF THIS

HON'BLE COURT.

EXT.P-9:

TRUE COPY OF THE REQUEST DATED 28.10.2015 MADE BY THE

PETITIONER BEFORE THE RESPONDENTS.

RESPONDENT(S)' EXHIBITS : NIL

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//TRUE COPY//

P.S. TO JUDGE

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A.MUHAMED MUSTAQUE, J.

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W.P.(C) No.36321 of 2015

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Dated this the 11^th day of December, 2015

JUDGMENT

The petitioner awarded a work of construction of a

building for Pilgrim Centre at Ittiyapara, Ranni. The petitioner

has furnished security deposit of Rs.1,71,81,200/-. Out of

which 25% was in the form of security amount in Treasury

deposit and the balance amount by way of bank guarantee.

The petitioner points out that he is entitled for more than four

crores from the Department for different works. Ext.P4 would

show that the Department has liability to the petitioner to the

tune of more than one crore. The petitioner seeks adjustment

of the amount paid by him towards 25% in the form of treasury

deposit from the amount due to him as per Ext.P4.

In such circumstances, this Court is of the view that

considering similar orders, security deposit in the form of

W.P.(C) No.36321 of 2015 2

treasury deposit shall be released to the petitioner after

adjusting the same from the amount due to him as per Ext.P4.

Necessary release orders shall be passed within a period of two

weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

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