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2025 DAILYLAW 3279 (KER)

M.K JOSE v. THE STATE OF KERALA

WP(C)/3642/2025 · 2025-03-27

C S Dias

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27412 W.P.(C)No. 3642 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 3642 OF 2025 PETITIONER: M.K JOSE AGED 68 YEARS S/O KURIAN, RESIDING AT MARATTIKUZHIYIL HOUSE, KODOM VILLAGE, VELLARIKUNDU TALUK, PADIMARATHU (P.O), KASARAGOD DISTRICT., PIN - 671531 BY ADVS. JAWAHAR JOSE CISSY MATHEWS GREGORY PRINCE MYLADI RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM., PIN - 695001 2 THE DISTRICT COLLECTOR, KASARAGOD CIVIL STATION, VIDHYANAGAR (P.O), KASARAGOD., PIN - 671121 3 THE BLOCK DEVELOPMENT OFFICER, PARAPPA PARAPPA (P.O), KASARAGOD DISTRICT., PIN - 671314 4 THE ASSISTANT EXECUTIVE ENGINEER, LOCAL SELF-GOVERNMENT DEVELOPMENT, SUB DIVISIONAL OFFICE, BLOCK OFFICE BUILDING, PARAPPA (P.O), KASARAGOD DISTRICT., PIN - 671314 2025:KER:27412 W.P.(C)No. 3642 of 2025 2 5 THE TREASURY OFFICER, VELLARIKUNDU SUB TREASURY, PARAPPA - MALOM ROAD, VELLARIKUNDU (P.O), KASARAGOD DISTRICT., PIN - 671533 SPCL. GP - SRI P K BABU GP - SRI B S SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27412 W.P.(C)No. 3642 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 The writ petition is filed to direct the respondents 2 to 5 to disburse the amounts due to the petitioner determined in Exts.P2 and P2(a). 2. The petitioner was awarded with a contract work by the respondents. By Ext.P1 completion certificate, the petitioner has completed the work. The payments due to the petitioner has been determined by Ext.P2(a). Notwithstanding Ext.P2(a), the petitioner has not been paid the said amount till date. Hence, the writ petition. 3. The 3rd respondent has filed a statement, inter alia, stating that, as per the latest information from the bill discounting section, the petitioner will get clearance in May 2025. Therefore, the petitioner 2025:KER:27412 W.P.(C)No. 3642 of 2025 4 would be at liberty to show this bill as security. The writ petition may be closed accepting the said statement. 4. Heard; the learned counsel for the petitioner and the learned Government Pleader. 5. In the light of the statement filed by the 3rd respondent, I dispose of the writ petition, by recording the statement of the 3rd respondent. The writ petition is ordered accordingly. Sd/- C.S.DIAS AJ JUDGE 2025:KER:27412 W.P.(C)No. 3642 of 2025 5 APPENDIX OF WP(C) 3642/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 4-9-2024 ISSUED BY 4TH RESPONDENT. Exhibit-P2 TRUE COPY OF THE PAYMENT ORDER DATED 13-11-2024 ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT. Exhibit-P2(a) TRUE COPY OF THE PROCEEDINGS DATED 13-11-2024 ISSUED BY THE 3RD RESPONDENT. Exhibit-P3 TRUE COPY OF THE INFORMATION DATED 7-1-2025 WHICH WAS RECEIVE BY THE PETITIONER, UNDER THE RIGHT TO INFORMATION ACT, FROM THE 5TH RESPONDENT. Exhibit-P4 TRUE COPY OF THE ORDER DATED 18-9-2024 ISSUED BY THE FINANCE DEPARTMENT. Exhibit-P5 TRUE COPY OF THE ORDER DATED 10-12-2024 ISSUED BY THE FINANCE DEPARTMENT. Exhibit-P5(a) TRUE COPY OF THE COMMUNICATION DATED 23-1-2025 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT . Exhibit-P6 RUE COPY OF THE COMMUNICATION DATED 23-12-2024 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT .