Najeeb Mannel vs. The General Manager

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WP(C)/10318/2021HC KeralaGSTCNR KLHC01028453202125 May 2021Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTIICE ANU SIVARAMAN

TUE AY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943

WP(C) NO. 10318 OF 2021

PETITIONER:

0 NAJEEB MANNEL AGED 54 YEARS, S/O. ALIKUNJU, MANNEL COTTAGE, EDAKULANGARA P.O, KARUNAGAPPALLY, KOLLAM DISTRICT.

BY ADVS. S.SHANAVAS KHAN SMT.S.INDU

RESPONDENTS: 1 THE GENERAL MANAGER SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN , CHENNAI - 600003. 2 THE CHIEF ADMINISTRATIVE OFFICER(CONSTRUCTION) SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, EGMORE, CHENNAI - 600003. 3 THE DEPUTY CHIEF ENGINEER - III (CN) ERNAKULAM CIRCLE, SOUTHERN RAILWAY, ERNAKULAM - 682026. 4 THE DEPUTY CHIEF ENGINEER - II CONSTRUCTION, SOUTHERN RAILWAY, THIRUVANANTHAPURAM - 650014. 5 THE DEPUTY FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM - 682016. 6 THE DEPUTY FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAILWAY, THIRUVANANTHAPURAM - 650014. OTHER PRESENT:

SC A. DINESH RAO

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Dated this the 25th day of May, 2021

This writ petition is filed seeking directions to the 3rd and 5th respondents to pay an amount of Rs.27,19,254/- due to the petitioner by the way of final bill and price variation Clause in respect of Ext.P1 agreement as also for the release of Rs.11,60,630/- due by the way of Security Deposit and the amount due under the GST utilization.

2.

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Indian Railways.

3.

It is submitted by the learned Standing Counsel that an amount of Rs.27,19,254/- is due as final bill and that the amount can be paid without delay.

4.

There will, accordingly, be a direction to the competent among the respondents to take appropriate steps to see that the amount of Rs.27,19.254/- due to the petitioner as final bill in respect of Ext.P1 agreement is released within a period of two months from the date of receipt of a copy of this judgment. The amount due to the petitioner as Security Deposit

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and GST utilization shall also be released in terms of the agreement without delay to the petitioner.

This writ petition is ordered accordingly. ANU SIVARAMAN

JUDGE

Bng/25.05.2021

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APPENDIX PETITIONER’S EXHIBITS

EXHIBIT P1OF THE CONTRACT AGREEMENT DATED 31.05.2017. EXHIBIT P2OF THE COMMUNICATION DATED 08.04.2021 FROM THE OFFICE OF THE 5TH RESPONDENT.

Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.