High Court Kerala High Court

P.M.Kuriakose vs Superintending Engineer on 18 November, 2008

Kerala High Court
P.M.Kuriakose vs Superintending Engineer on 18 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23667 of 2008(P)


1. P.M.KURIAKOSE, PALLIKKARA HOUSE,
                      ...  Petitioner

                        Vs



1. SUPERINTENDING ENGINEER, SEERVANI
                       ...       Respondent

2. THE EXECUTIVE ENGINEER,

3. ASSISTANT EXECUTIVE ENGINEER,

4. ASSISTANT ENGINEER NO.3/1, SEERVANI

5. ALEXANDER JOHN, GOVT.CONTRACTOR,

                For Petitioner  :SRI.GEORGEKUTTY MATHEW

                For Respondent  :SRI.K.BABU THOMAS

The Hon'ble MR. Justice V.GIRI

 Dated :18/11/2008

 O R D E R
                              V.GIRI,J.
                       -------------------------
                  W.P ( C) No.23667 of 2008
                       --------------------------
             Dated this the 18th November, 2008

                         J U D G M E N T

Petitioner was a Sub Contractor with 5th respondent,

the latter having been given a contract for the work of

certain drilling works at Siruvani dam. It seems that the

contract given to the 5th respondent was terminated by

the Department. But drilling machine deployed by the

petitioner is still at site. He has not been permitted to

remove the drilling machine and accessories from the

compound of the Siruvani dam.

2. Learned counsel for the 5th respondent submits

that he has no objection to the petitioner removing the

drilling machine and accessories.

3. Learned Government Pleader, on instructions,

submits that petitioner is at liberty to remove such

machines and accessories, after notice to the concerned

Asst. Executive Engineer, the 3rd respondent.

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4. In the result, the writ petition is disposed of

directing the 3rd respondent to grant permission to the

petitioner to remove the equipments which were deployed

by him as a Sub Contractor from the premises of the

Siruvani dam. The details of the equipments sought to be

removed by the petitioner shall be communicated to the

petitioner by means of a representation. Thereupon,

equipments belonging to the petitioner shall be permitted

to be removed, without delay.

The writ petition is disposed of as above.

(V.GIRI,JUDGE)
ma

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