IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 16067 OF 2022
PETITIONER:
K.M JALAL,
AGED 65 YEARS
S/O.MOHAMMED KANNANCHAKKASSERIL HOUSE,
PATTANAM, VADAKKEKKARA P.O.,
NORTH PARAVUR, ERNAKULAM DISTRICT,
PIN-680352.
BY ADVS.
A.G.VISWAMBHARAN
P.M.ABDUL JALEEL
RESPONDENTS:
1 THE CHIEF ENGINEER,
HARBOR ENGINEERING DEPARTMENT,
THIRUVANANTHAPURAM. PIN 695 009.
2 THE SUPERINTENDING ENGINEER,
HARBOR ENGINEERING DEPARTMENT, NORTHERN REGION,
ELATHUR.P.O. PUTHIYANIRATH, KOZHIKODE.673 303.
3 THE EXECUTIVE ENGINEER,
HARBOUR ENGINEERING DEPARTMENT, HARBOUR ENGINEERING
DIVISION, PONNANI, MALAPPURAM DISTRICT, KERALA,
PIN- 679583.
BY ADV. SRI. P.S. APPU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16067 OF 2022
2
JUDGMENT
Dated this the 03rd day of June, 2022 The petitioner has been granted the right to collect toll at the Ponnani Fishing Harbour for a period of one year commencing from 09.05.2022. The right for collecting toll was auctioned for an amount of Rs.24,11,100/-. As per the tender conditions, the petitioner has to enter into an agreement with the respondents after remitting 50% of the amount, which comes to Rs.12,05,550/-, before 19.05.2022. This writ petition is filed seeking a direction to the respondents to provide an opportunity to remit the 50% in 12 equal monthly instalments.
2. Learned Counsel for the Petitioner submitted that in a similar case, this Court had passed an order permitting the contractor therein to remit the amount in installments. It is submitted that due to the spread of COVID-19 WP(C) NO. 16067 OF 2022 3 pandemic and resultant lockdown, the petitioner's previous contract for toll collection became unviable and hence, the petitioner is facing extreme financial difficulties.
3. Learned Government Pleader opposed the request for grant of instalments and pointed out that the petitioner had committed default with respect to the previous contract and had remitted the due amount only after much persuasion. Being so, there is no guarantee that the petitioner will pay the entire amount, if instalment facility is granted to him.
4. Having heard the learned Counsel on either side and taking into account the fact that the petitioner had committed default with respect to the previous contract, I am not inclined to direct the respondent to extend the facility of instalments to the petitioner.
In the result, the writ petition is dismissed. It is made clear that dismissal of this writ petition WP(C) NO. 16067 OF 2022 4 will not stand in the way of the petitioner approaching the authorities directly, seeking instalment facility.
Sd/-
V.G.ARUN JUDGE NB/3-6 WP(C) NO. 16067 OF 2022 5 APPENDIX OF WP(C) 16067/2022 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER A4/57491/CE/09/05/2022 AWARDING CONTRACT TO THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE AGREEMENT DT.30/07/2021 BETWEEN THE RESPONDENTS AND CONTRACTOR OF NEENDAKARA FISHING HARBOUR, KOLLAM. RESPONDENTS' ANNEXURES ANNEXURE R3(A) A TRUE COPY OF LETTER DATED 08.12.2021 ISSUED TO THE FEDERAL BANK, WHO PROVIDED THE BANK GUARANTEE TRUE COPY P.A TO JUDGE