P.P.Ajithkumar vs the Superintending Engineer

P.P.Ajithkumar vs The Superintending Engineer

Type Court Judgment Court Kerala Orders Decided Aug 01, 2023

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Citation: sooperkanoon.com/1373556
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Aug 01, 2023
Case Number: WP(C)/3696/2014

Parties & Advocates

Appellant / Petitioner

P.P.Ajithkumar

Respondent

The Superintending Engineer

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice amit rawal tuesday, the 1st day of august 2023 / 10th sravana, 1945 petitioner/s: p.p.ajithkumar pwd contractor, puthenpurackal house, nellad po, muvattupuzhja 686 721 sri.murali purushothaman sri.deepu lal mohan sri.rajan jacob mundackal respondent/s: 1 the superintending engineer office of the superintending engineer, pwd roads & bridges, south circle, thiruvananthapuram 2 the chief engineer p.w.d. roads & bridges, public office, museum.p.o., thiruvananthapuram - 695 633.3 the executive engineer p.w.d.roads division, p.w.d.office complex, kottayam - 686 001. advocate general office kerala government pleader, sri. appu ps this writ petition (civil) having come up for admission on 01.08.2023, the court on the same day delivered the following:judgmentcounsel for the petitioner after arguing for sometimes that it involves a disputed question of fact as certain documents with regard to the interpretation of the clauses of the contract, payment made by the respondents and deductions required a detailed evidence and proof, seeks permission to withdraw the writ petition with a liberty to avail alternative remedy. ordered accordingly. sd/- sab amit rawal judge appendix of wp(c) 3696/2014 petitioner exhibits exhibit p1 copy of selection notice no. dbexhibit p2 copy of agreement no.67/sesc/2011-12 dated 16/12/2011 entered into between the petitioner and the respondent exhibit p3 copy of letter dated 12/12/2012 submitted by the petitioner before the executive engineer, pwd roads division exhibit p4 copy of letter no. db2(2)- 72/r71/g1/12 dated 14/10/2013 issued to the petitioner from the office of the executive engineer, pwe road division together with enclosures exhibit p5 copy of letter no. ab5(3)- petitioner by the executive engineer exhibit p6 copy of representation dated before the respondent exhibit p7 copy of letter no. db-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 PETITIONER/S: P.P.AJITHKUMAR PWD CONTRACTOR, PUTHENPURACKAL HOUSE, NELLAD PO, MUVATTUPUZHJA 686 721 SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SRI.RAJAN JACOB MUNDACKAL RESPONDENT/S: 1 THE SUPERINTENDING ENGINEER OFFICE OF THE SUPERINTENDING ENGINEER, PWD ROADS & BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM 2 THE CHIEF ENGINEER P.W.D. ROADS & BRIDGES, PUBLIC OFFICE, MUSEUM.P.O., THIRUVANANTHAPURAM - 695 633.
3 THE EXECUTIVE ENGINEER P.W.D.ROADS DIVISION, P.W.D.OFFICE COMPLEX, KOTTAYAM - 686 001. ADVOCATE GENERAL OFFICE KERALA GOVERNMENT PLEADER, SRI. APPU PS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Counsel for the petitioner after arguing for sometimes that it involves a disputed question of fact as certain documents with regard to the interpretation of the clauses of the contract, payment made by the respondents and deductions required a detailed evidence and proof, seeks permission to withdraw the writ petition with a liberty to avail alternative remedy. Ordered accordingly. Sd/- sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 3696/2014 PETITIONER EXHIBITS EXHIBIT P1 COPY OF SELECTION NOTICE NO. DB

EXHIBIT P2 COPY OF AGREEMENT NO.67/SESC/2011-12 DATED 16/12/2011 ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENT EXHIBIT P3 COPY OF LETTER DATED 12/12/2012 SUBMITTED BY THE PETITIONER BEFORE THE EXECUTIVE ENGINEER, PWD ROADS DIVISION EXHIBIT P4 COPY OF LETTER NO. DB2(2)- 72/R71/G1/12 DATED 14/10/2013 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE EXECUTIVE ENGINEER, PWE ROAD DIVISION TOGETHER WITH ENCLOSURES EXHIBIT P5 COPY OF LETTER NO. AB5(3)- PETITIONER BY THE EXECUTIVE ENGINEER EXHIBIT P6 COPY OF REPRESENTATION DATED BEFORE THE RESPONDENT EXHIBIT P7 COPY OF LETTER NO. DB-

Same Court & Year Kerala Orders · 2023 Same Parties P.P.Ajithkumar vs The Superintending Engineer Same Judge Honourable Mr. Justice Amit Rawal