IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20357 of 2010(T)
1. ALEXANDER, S/O.SAMUEL, KOLATTU HOSUE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUPERINTENDING ENGINEER,
3. EXECUTIVE ENGINEER,
4. DISTRICT COLLECTOR, KOLLAM.
For Petitioner :SRI.K.HARILAL
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :03/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.20357 OF 2010(T)
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Dated this the 3rd day of September, 2010
J U D G M E N T
Petitioner submits that he is a PWD Contractor, who had
undertaken the construction of Public Health Centre and Old Age
Home in Alapatt Grama Panchayat in Kollam district under MP fund
provided for Tsunami Relief Scheme supervised by the 2nd
respondent. It is stated that although he commenced the work, for
reasons which are not attributable to him, the work was terminated
at a subsequent stage. Later the 3rd respondent issued Exts.P3,P4
and P8 to P9 to the 4th respondent requesting the 4th respondent to
disburse the amount recommended therein to the petitioner. The 4th
respondent has not taken any further action based on the
aforesaid communication. In the meanwhile, the State Bank of
Travancore from where the petitioner had availed of loan to execute
the work commenced recovery proceedings before the Debt
Recovery Tribunal. It is in these circumstances the writ petition has
been filed, praying for a direction to the 4th respondent to disburse
the amount as recommended in Exts.P3,P4, P8 and P9 issued by the
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3rd respondent.
2. If as stated by the petitioner, the 3rd respondent has
recommended to the 4th respondent to disburse the amount
mentioned in Exts.P3,P4,P8 and P9, it is necessary that the 4th
respondent should take appropriate consequential action based on
the recommendation of the 3rd respondent.
3. Since the complaint of the petitioner is regarding the
inaction on the part of the 4th respondent, I direct the 4th respondent
to take appropriate action based on Exts.P3,P4,P8 and P9. This the
4th respondent shall do as expeditiously as possible and at any rate
within 4 weeks from the date of production of a copy of the
judgment along with a copy of the writ petition.
Writ petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/
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