High Court Kerala High Court

Prasobh vs State Of Kerala Represented By The … on 1 February, 2010

Kerala High Court
Prasobh vs State Of Kerala Represented By The … on 1 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29708 of 2009(G)


1. PRASOBH, S/O. K.M.SOMARAJAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE CHIEF
                       ...       Respondent

2. TH TRIVANDRUM DEVELOPMENT AUTHORITY,

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :SRI.M.RAJAGOPALAN NAIR, SC, TRIDA

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :01/02/2010

 O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

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W.P.(C).No.29708 of 2009-G

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Dated this the 1st day of February, 2010.

Judgment

The petitioner carried out certain works in terms

of tenders invited by the second respondent

TRIDA. It has also duly certified the value of

the work as per Ext.P2. The work appears to have

been done for construction of retaining wall to

the new road by the side of CEC Aided Market at

Nedumangadu. In relation to the electrical work,

Ext.P3 judgment was issued by this Court

directing the TRIDA to make payments. Though the

learned counsel for TRIDA states that the amount

has to be released by the Agricultural Department

in Government, I agree with the views expressed

in Ext.P3 judgment that the second respondent is

an autonomous body and having entered into an

agreement, it has the duty and responsibility to

make the payment. It is hence ordered that the

amount due to the petitioner will be released by

WPC29708/09 -: 2 :-

TRIDA within three months from the date of

receipt of a copy of this judgment without

prejudice to TRIDA’s right for reimbursement of

the amount from any other authority which is

bound to pay to TRIDA in terms of their

contracts, if any, inter se. The writ petition

ordered accordingly.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/0602