WP(C) No.15483/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Friday, the 6th day of May 2022 / 16th Vaisakha, 1944
WP(C) NO. 15483 OF 2022(I)
PETITIONER:
C. MANIKANTAN AGED 54 YEARS S/O. CHAMI,RAMALATH HOUSE,
PERUMADADIKALAM, EDDUPUKULAM, PALAKKAD 678 556
RESPONDENTS:
1. KERALA STATE MINERAL DEVELOPMENT CORPORATION (KEMDEL) REPRESENTED BY
ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM 695 001
2. THE DISTRICT COLLECTOR PALAKKAD(CHAIRMAN, CORE COMMITEE FOR MINING
SAND FROM THE DAMS IN PALAKKAD DISTRICT), KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD 678 013
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondent Corporation to release the admitted bill
amount to the petitioner for the work executed as per Exhibit P1 agreement
and also as per Exhibit P2 judgment, pending disposal of the above Writ
Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.P.K.BABU Advocate for the petitioner and of STANDING COUNSEL for
respondents, the court passed the following:
WP(C) No.15483/2022 2/4
GOPINATH P., J.
-------------------------------
W.P.(C) No.15483 of 2022
--------------------------------------
Dated this the 06th day of May, 2022
ORDER
Admit.
2. Standing counsel takes notice for the respondents. He seeks time to get instructions.
3. The petitioner was engaged as a contractor for mining and removing sand and silt from Walayar dam. The petitioner submits that he has completed the work entrusted to him. It is also submitted that payments are due from the Corporation to the petitioner for the work done by him. It is further submitted that the Corporation has now engaged new contractor and if the new contractor commences mining operations and deposits the sand and silt near to the place where the petitioner has deposited sand and silt, the quantification of the work done by the petitioner will be difficult.
Taking note of the above submission of the learned counsel for the petitioner there will be an interim order directing the respondent Corporation to ensure that before the new contractor deposits sand and WP(C) No.15483/2022 3/4 W.P.(C) No.15483 of 2022 -2- silt pursuant to the contract awarded to him, the amount of sand and silt removed by the petitioner shall be quantified with notice to the petitioner.
Sd/-
GOPINATH P.
JUDGE
Skk/6.5.22
06-05-2022 /True Copy/ Assistant Registrar
WP(C) No.15483/2022 4/4
APPENDIX OF WP(C) 15483/2022
Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 21-08-2010 BETWEEN
PETITIONER AND RESPONDENT CORPORATION Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 12-08-2020 IN WRIT PETITIONER (C) 13687/2020