Mathew T.U., vs the General Manager,

Mathew T.U., vs The General Manager,

Type Court Judgment Court Kerala Decided Apr 03, 2023

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https://sooperkanoon.com/case/1406272

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Citation: sooperkanoon.com/1406272
Court: Kerala High Court
Judge: Honourable Mr. Justice Shaji P.Chaly
Decided On: Apr 03, 2023
Case Number: WP(C)/39839/2022

Parties & Advocates

Appellant / Petitioner

Mathew T.U.,

Respondent

The General Manager,

Excerpt

.....engineer (north) divisional office, works branch, palakkad division, palakkad 2. by adv manu s., dsg of india this writ petition (civil) having come up for admission on 03.04.2023, the court on the same day delivered the following: -2-judgmentpetitioner is a running railway contractor who had undertaken work of “shornur-proposed combined crew booking centre”, evident from ext.p1. according to the petitioner, the work was completed in the year 2019, to the full satisfaction of the respondents, however, final bill amount of rs.95,667/- is not yet paid to the petitioner. it is submitted by the learned counsel for the petitioner that, in spite of the earnest efforts made by the petitioner, the respondents have not taken any action, which persuaded the petitioner to approach this court by filing this writ petition.2. learned deputy solicitor general of india submitted that some time is required for making the payment due to the petitioner under the bill specified above.3. therefore, after having heard the learned counsel for thepetitioner sri. s. shanavas khan, and the learned dsgi, sri. s.manu, the writ petition is disposed of, directing the competent among the respondents to pay the bill amount specified above, within one -3- month from the date of receipt of a copy of this judgment. the writ petition is disposed of accordingly. sd/- shaji p.chaly judge uu 03.04.2023 -4- appendix of wp(c) 39839/2022 petitioner exhibits exhibit p1 true copy of the relevant page of agreement no.j/444 dated 29/06/2015 entered into between the petitioner and the 2nd respondent. exhibit p2 true copy of the letter no.j/w.148/6517 dated 09/09/2021 issued by the 2nd exhibit p3 true copy of the letter dated 08/11/2022 sent by petitioner to the second

Full Judgment

-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 3RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945 PETITIONER/S: MATHEW T.U., AGED 65 YEARS S/O ULAHANNAN, THEKKUMKATTIL HOUSE, VAZHITHALA P.O.THODUPUZHA,IDUKKI -685 583. BY ADVS. S.SHANAVAS KHAN S.INDU RESPONDENT/S: 1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE PARK TOWN, CHENNAI - 600 003. 2 THE DIVISIONAL RAILWAY MANAGER (WORKS) SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD - 2. 3 THE SENIOR DIVISIONAL FINANCE MANAGER SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD -2. 4 THE DIVISIONAL ENGINEER (NORTH) DIVISIONAL OFFICE, WORKS BRANCH, PALAKKAD DIVISION, PALAKKAD 2. BY ADV MANU S., DSG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Petitioner is a running railway contractor who had undertaken work of “Shornur-Proposed Combined Crew Booking Centre”, evident from Ext.P1. According to the petitioner, the work was completed in the year 2019, to the full satisfaction of the respondents, however, final bill amount of Rs.95,667/- is not yet paid to the petitioner. It is submitted by the learned Counsel for the petitioner that, in spite of the earnest efforts made by the petitioner, the respondents have not taken any action, which persuaded the petitioner to approach this Court by filing this writ petition.

2. Learned Deputy Solicitor General of India submitted that some time is required for making the payment due to the petitioner under the bill specified above.

3. Therefore, after having heard the learned Counsel for the

petitioner Sri. S. Shanavas Khan, and the learned DSGI, Sri. S.Manu, the writ petition is disposed of, directing the competent among the respondents to pay the bill amount specified above, within one -3- month from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. Sd/- SHAJI P.CHALY JUDGE uu 03.04.2023 -4- APPENDIX OF WP(C) 39839/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF AGREEMENT NO.J/444 DATED 29/06/2015 ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF THE LETTER NO.J/W.148/6517 DATED 09/09/2021 ISSUED BY THE 2ND Exhibit P3 TRUE COPY OF THE LETTER DATED 08/11/2022 SENT BY PETITIONER TO THE SECOND

Same Court & Year Kerala · 2023 Same Parties Mathew T.U., vs The General Manager, Same Judge Honourable Mr. Justice Shaji P.Chaly