IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 22551 of 2003(I)
1. P.V.ABOOBACKER HAJI, P.W.D. CONTRACTOR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CHIEF ENGINEER, R&B, P.W.D.,
3. THE SUPERINTENDING ENGINEER, R & B,
4. THE EXECUTIVE ENGINEER, P.W.D. ROADS
For Petitioner :SRI.M.C.JOHN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :08/12/2006
O R D E R
KURIAN JOSEPH, J.
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W.P.(C) No.22551 of 2003
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Dated 8th December, 2006.
J U D G M E N T
The writ petition is filed mainly with the following
prayers:-
(i) “To issue a writ of certiorari quashing Ext.P5 to the extent it
is objected to in the forgoing grounds;
(ii) To issue a writ in the form of a declaration that the
recoveries made towards departmental materials, recovery of
penal rate for cement and steel and also the cost of empty cement
bags are without authority since the petitioner has been relieved of
the risk and cost liability by the Arbitration Committee.
In view of the stand taken in the counter affidavit that all eligible
amounts have been paid, it is fairly clear that the disputes as
raised by the petitioner are to be adjudicated before the civil
court. Therefore, the writ petition is disposed of making it clear
that it is for the petitioner to work out his relief before the civil
court. In the event of the petitioner thus approaching the civil
court, the time taken for prosecuting this writ petition as well as
O.P.30274/2000 shall stand excluded while computing the period
of limitation.
KURIAN JOSEPH, JUDGE.
tgs
KURIAN JOSEPH, J
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O.P.No. of 2002
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J U D G M E N T
Dated 8th December, 2006.