IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 20806 OF 2020
PETITIONER:
S.R. VENUGOPALAN
PROPRIETOR, NATIONAL ELECTRIC COMPANY,
S/O. LATE S.A.RANGANATHA PRABHU, AGED 75 YEARS
RESIDING AT 66/102, MULLASSERY CANAL ROAD,
ERNAKULAM-682011.
BY ADVS.
S.R.DAYANANDA PRABHU
SHRI.ASWIN PRABHU S.D.
RESPONDENTS:
1 KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION
6TH FLOOR, TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014,
REPRESENTED BY ITS MANAGING DIRECTOR.
ADDL R2 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF TRANSPORT,
IST FLOOR, SECRETARIAT ,
THIRUVANANTHAPURAM-695 001
ADDL R2 IMPLEADED AS PER ORDER DATED 18-11-2020 IN
IA NO. 1/2020.
BY ADVS.SRI.T.P.SAJAN
SMT.DEEPA NARAYANAN, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.20806/2020
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.20806 of 2020
----------------------------------------------
Dated this the 26th day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a direction in the nature of writ of mandamus or such other writ, directing the Respondent to forthwith release to the Petitioner, a sum of Rs. 70,42,863/-, (Rupees Seventy Lakhs, Forty Two Thousand, Eight hundred and Sixty Three) or such other amount due as per Respondents' reckoning for electricification and related works of Bus Terminal Complex - Thiruvalla, together with interest at the rate of 9% accruing from 30.11.2016 till the date of payment.
ii. Grant such other and further reliefs as are just, including the costs of the petition.
(SIC)
2. When this writ petition came up for consideration on 05.08.2021, this Court passed the following order:
"When the case is taken up today, the Senior Government Pleader pointed out that a memo has been filed producing along with G.O.
W.P.(C).No.20806/2020 3 (Rt)No.182/2021/TRANS Dated, 08.06.2021 wherein the Government has withdrawn the earlier stand that the KSRTC should take steps to check the work and has clarified that if the verification by the civil wing of the KSRTC is not viable, the KTDFC shall take necessary steps to check and recommend the revised estimate by any competent Government agency. It is further clarified that the admissible revised project cost of the work of Rs.46,87,10,447/- was arrived as the sum of approved contract amount including the admissible PMC charges at Government rates and statutory payments made to various departments for clearances at Rs.23,85,022/- and that the CMD of KTDFC shall strictly verify and confirm the admissibility of any claims in excess of the above.
In the light of the above clarification, it is now open to the 1 st respondent to take necessary steps to effect the payments that are due to the petitioner. Steps for the same shall be completed within six weeks from the date of receipt of a copy of this order. The question regarding the right of the petitioner for interest on the amounts outstanding from 30.11.2016 will be decided at the time of final hearing of the writ petition."
3. Today, the learned Standing Counsel appearing for the 1st respondent submitted that the amount due to the petitioner will be paid within two weeks from today. The same is recorded.
W.P.(C).No.20806/2020 4
4. The learned counsel for the petitioner submitted that the petitioner is entitled interest. The learned counsel relied on certain judgments of the Apex Court to show that this Court can order interest in such cases.
5. It is true that this Court can order interest for belated payment in appropriate cases. But, according to me, before deciding the same, this is a matter to be considered first by the 1st respondent. The petitioner is free to file a representation claiming interest before the 1st respondent. If such a representation is received, the 1 st respondent will consider the same and pass appropriate orders, after giving an opportunity of hearing to the petitioner.
Therefore, this writ petition is disposed of in the following manner:
1. The amount due to the petitioner shall be disbursed within two weeks from today.
2. The petitioner is free to file a representation claiming interest for the delayed payment within ten days from the date of receipt of a copy of this judgment.
3. Once such a representation is received, the 1 st W.P.(C).No.20806/2020 5 respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20806/2020 6 APPENDIX OF WP(C) 20806/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF WORK ORDER AND EXTRACT OF GENERAL CONDITIONS OF CONTRACT. EXHIBIT P2 TRUE COPY OF WORK COMPLETION CERTIFICATE ISSUED BY SITE ENGINEER IN CHARGE.
EXHIBIT P3 RELEVANT PAGE OF RESPONDENT'S WEBSITE MENTIONING COMMISSIONING OF BUS TERMINAL COMPLEX, THIRUVALLA.
EXHIBIT P4 TRUE COPY OF ENERGIZATION SANCTION. EXHIBIT P5 PHOTOS OF BUS TERMINAL COMPLEX, THIRUVALLA.
EXHIBIT P6 TRUE COPY OF REPRESENTATIONS ADDRESSED BY PETITIONER.
EXHIBIT P7 TRUE COPY OF RESPONDENT'S COVERING LETTER DATED 25.7.2019 ADDRESSED TO PETITIONER.
EXHIBIT P8 TRUE COPY OF COMMISSIONING CERTIFICATE OF PART OF THE WORK INSTALLED BY THE PETITIONER.
EXHIBIT P9 TRUE COPY OF PETITIONER'S LEGAL NOTICE DATED 27.7.20 ALONG WITH POSTAL ACKNOWLEDGEMENT.
EXHIBIT P10 TRUE COPY OF PETITIONER'S LEGAL NOTICE DATED 1.9.20 ALONG WITH POSTAL ACKNOWLEDGMENT.
EXHIBIT P11 RESPONDENT'S LETTER DATED 23.10.2020 ADDRESSED TO PETITIONER'S COUNSEL. EXHIBIT P12 WORK CONFIRMATION ORDER DATED 03.12.2012 ISSUED BY 1ST RESPONDENT TO JOHNSON LIFTS PVT. LTD.
EXHIBIT P13 PAGE 6 OF GENERAL CONDITIONS FO CONTRACT OF AGREEMENT DATED 15.10.2010 RESPONDENTS' EXHIBITS EXT.R1(A) TRUE COPY OF THE REVISED CONDITIONAL ADMINISTRATIVE SANCTION VIDE G.O.(RT) NO.343/2020/TRANS DATED 21.10.2020 EXT.R1(B) COPY OF THE LETTER VIDE REF NO.KTDFC/BOTP/TVLA/46/2010 DATED 25.11.2020 SENT BY KTDFC TO KSRTC W.P.(C).No.20806/2020 7 EXT.R1(C) COPY OF THE LETTER VIDE REF NO.KTDFC/BOTP/TVLA/306(A)/2018 DATED 12.2.2021 SENT BY KTDFC TO THE GOVERNMENT EXT.R1(D) SIMILARLY COPY OF THE JUDGMENT DATED 08.01.2020 IN WPC 22505/2019 EXT.R1(E) COPY OF THE LETTER VIDE REF NO.HLL/CHO/PROJ/KTDFC/TIRUVALLA DATED 9.12.2021 SEND BY M/S HLL (HINDUSTAN LATEX LTD)