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Varghese Mathew vs State Of Kerala

High Court Of Kerala|18 November, 2014
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JUDGMENT / ORDER

----------------------- The petitioner was awarded with a work of “Priority work under (MI (N/P) 2012-13 - construction of check dam across Kulamackal thodu at Manjalaruvi bhagom in ward No.8 of Erumeli Panchayath” by the 2nd respondent. The petitioner partially completed the work and on account of the obstruction from the public the petitioner could not complete the above work. In this writ petition, the petitioner seeks a direction to carryout the measurement of the work already carried out and disburse the amount and foreclosure of the contract and also refund the security deposit of Rupees one lakh paid by him.
2. The learned Government Pleader on instructions would submit that there are obstruction against the execution of the work and the Department is attempting to resolve the issues with the Public.
Considering the facts and circumstances, I am of the view that W.P.(C).No.29331 of 2014
2
if the Department is unable to resolve the disputes with the local public, the contract shall be foreclosed within a period of four weeks from the date of receipt of a copy of this judgment and the security deposit shall be refunded to the petitioner within a period four weeks from the foreclosure of the contract. The Department shall also measure the work completed by the petitioner and disburse the amount according to the measurement based on the seniority reckoned by the Public Works Department.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/
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Title

Varghese Mathew vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • Sri Santhosh Mathew
  • Sri Sathish Ninan
  • Sri Arun Thomas
  • Sri Jennis Stephen