D.Gopalarathinam vs. The General Manager, Southern Railway Head Quarters Officer

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WP(C)/2093/2021HC KeralaGSTCNR KLHC01005844202116 February 2021Bench: HONOURABLE SMT. JUSTICE P.V.ASHA4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA TUE AY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942 WP(C).No.2093 OF 2021(J) PETITIONER: D.GOPALARATHINAM, AGED 59 YEARS, S/O K.K.DASAYYA MUTHALIYAR, 324, 7TH CROSS ROAD, FAIRLANDS, SALEM, TAMIL NADU. BY ADVS. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: 1 THE GENERAL MANAGER, SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARTK TOWN, CHENNAI-600003. 2 THE CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION), SOUTHERN RAILWAY HEAD QUARTERS OFFICE, PARK TOWN, EGMORE, CHENNAI-600003, IN CHAGE OF CHIEF ADMINISTRATIVE OFFICER, SOUTHERN RAILWAY, ERNAKULAM. 3 THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER (CONSTRUCTION), SOUTHERN RAIWAY, EGMORE, CHENNAI-600003. 4 THE CHIEF ENGINEER NORTH (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682016. 5 THE DEPUTY CHIEF ENGINEER-II (CONSTRUCTION), SOUTHERN RAILWAY, ERNAKULAM-682016. BY ADV. SRI.A.DINESH RAO, SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.2093 OF 2021(J) 2 JUDGMENT The petitioner, who was awarded the work of 'New BG line between Angamali and Sabarimala – Proposed linking of track, insertion of ballast, modification of level crossing etc. from Ch:780 and 7575 between Angamali and Kaladi Stations', could not complete the same because the respondents freezed the project and foreclosed the agreement.

2.

The petitioner seeks a direction to the respondents to release the amount towards the final bill, Price Variation Clause, GST Neutralization, Security Deposit, Earnest Money Deposit etc.

3.

Sri.Dinesh Rao, learned Standing Counsel for the Railway submitted that the computation of final bill is pending and it

WP(C).No.2093 OF 2021(J) 3 will take a few months for finalising the same.

Therefore the writ petition is disposed of with a direction to the respondents to pay the entire amount due to the petitioner, within a period of three months from the date of receipt of a copy of the judgment. P.V.ASHA JUDGE ww

WP(C).No.2093 OF 2021(J) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1OF THE LETTER OF ACCEPTANCE DATED 11/04/2013 ISSUED IN FAVOUR OF THE PETITIONER. EXHIBIT P2OF THE COMMUNICATION DATED 19/01/2010 ISSUED BY 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.