K.P. Alias vs State Of Kerala on 20 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25765 of 2006(P)


1. K.P. ALIAS, GOVT.CONTRACTOR,
                      ...  Petitioner
2. T.V. MATHAI KUNJU, GOVT.CONTRACTOR,
3. P.T. BABU, GOVT.CONTRACTOR,

                        Vs



1. STATE OF KERALA, REP. BY ITS
                       ...       Respondent

2. THE SUPERINTENDING ENGINEER,

3. THE EXECUTIVE ENGINEER, IDAMALAYAR

4. THE SUPERINTINDING ENGINEER,

5. THE EXECUTIVE ENGINEER, P.W.D.

6. THE DIRECTOR OF VIGILANCE & ANTI

                For Petitioner  :SRI.BABU JOSEPH KURUVATHAZHA

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :20/02/2007

 O R D E R
                              KURIAN JOSEPH, J.

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                       W.P.(C) No.25765 of 2006

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                       Dated 20th February,  2007.


                                 J U D G M E N T

The writ petition is filed mainly with the following

prayer :-

“Issue a writ of mandamus or any other appropriate writ, order

or direction commanding the respondents 1 to 3 to disburse the

amount sanctioning in favour of the petitioners by issuing Ext.P1

letter of credit, on getting proper security/guarantee, as may be

insisted by respondents 1 to 3, pending finalisation of the

enquiry ordered in Ext.P2 judgment.”

It is submitted that the time stipulated in Ext.P2 judgment has

already expired and still the payments due to the petitioners have

not been made. In Ext.P6 Government letter dated 26.6.2006, it

is stated that “The question of payment of the balance amount, if

any due to them (petitioners) will be considered on getting

recommendation from the Vigilance Department on completion of

investigation.” There is no current instruction as to what is the

stage of vigilance enquiry. In the above circumstances, the writ

petition is disposed of as follows :-

There will be a direction to the Vigilance Department,

since the time fixed in Ext.P2 judgment has already expired, to

furnish the report to the Government within a period of one month

WP NO.25765/06 2

from the date of production of a copy of the judgment by the

petitioners before the 6th respondent. Depending on the report

thus submitted by the 6th respondent, appropriate action in the

matter of disbursement of the balance amounts to the petitioners

will be taken by the Government within another one month.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

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W.P.(C)No. of 2002

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J U D G M E N T

Dated 20th February, 2007.