IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 4258 OF 2015
PETITIONER/S:
THENMALA MARAMATHU LABOUR CONTRACT CO-OPERATIVE SOCIETY
LTD.NO.Q-1387, EDAMON P.O., PUNALUR - 691 307
REPRESENTED BY ITS PRESIDENT D.PRINCE.
BY ADVS.
SRI.T.V.AJAYAKUMAR
KUM.P.H.RIMJU
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI - 110 001.
2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 THE DIVISIONAL FOREST OFFICER,
PUNALUR KOLLAM DISTRICT-691 307.
4 VASUDEVA KURUP, PALAZHI CHADAYAMANGALAM P.O.
KOLLAM DISTRICT - 691 307.
5 R.SUGATHAN, MANGALATHU HOUSE
URUKUNNU P.O. PUNALUR, KOLLAM - 691 307.
6 SABU KURIAKOSE, KANNATHANAM,
URUKUNNU P.O. PUNALUR, KOLLAM - 691 307.
*7 K.A.SCARIA, GENERAL SECRETARY,
LABOUR CONTRACT CO-OPERATIVE SOCIETY WELFARE ASSOCIATION,
V.S.BUILDING, P.O.MANNANTHALA, THIRUVANANTHAPURAM.
(* IS IMPLEADED AS PER ORDER DTD.6.4.15 IN I.A.NO.4935/15)
BY ADVS.
ASSISTANT SOLICITOR GENERAL
GOVERNMENT PLEADER SRI.K.M.FAISAL
SRI.ANCHAL C.VIJAYAN
SRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 4258 OF 2015
JUDGMENT
The challenge in this writ petition is with regard to a contract work awarded to respondents 4 to 6, pursuant to Ext.P5 tender notification dated 10.12.2014.
2. This Court by order dated 24.03.2015, permitted respondents 4 to 6 to complete the construction subject to the final outcome of the writ petition. It was further directed that the payment to the party respondents shall be made only after getting further orders from this Court. After the completion of the work, this Court ordered release of payment to the petitioner, if the payment is otherwise in order.
3. Heard the learned Counsel for the petitioner and the respondents.
4. The tender was floated in the year 2014 and the work is already over and the payment for the work is WP(C) NO. 4258 OF 2015 already released to the respondents 4 to 6.
Therefore, leaving open the contentions of the petitioner, the writ petition is closed.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SB/31/05/2022 WP(C) NO. 4258 OF 2015 APPENDIX OF WP(C) 4258/2015 PETITIONER EXHIBITS P1:-TRUE COPY OF THE GO(MS)NO135/97/CO-OP DTD 13/11/1997 P2:-TRUE COPY OF THE JUDGMENT DTD 5/2/2009 OF THIS HON'BLE COURT IN WPC NO 35427/08 P3:-TRUE COPY OF THE GO(MS)NO 44/4/PWD DTD 19/3/2004 P4:TRUE COPY OF THE JUDGMENT DTD 19/7/2013 OF THIS HON'BLE COURT IN WPC NO 15164/2013 P5:-TRUE COPY OF THE TENDER NOTIFICATION DTD 10/12/2014 ISSUED BY THE 3RD RESPONDENT P6:-TRUE COPY OF REPRESNETATION DTD 22/1/2015 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT P7:TRUE COPY OF THE REPLY DTD 24/1/2014 GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER P8:-TRUE COPY OF THE GO NO 1001/13/PWD DTD 17/7/2013 P9:-TRUE COPY OF THE COUNTER AFFIDAVIT DTD 25/6/2013 FILED BY AEE PWD IN WPC 15164/14 P10-TRUE COPY OF THE ORDER DTD.31.10.13 OF THIS HON'BLE COURT IN R.P.NO.809/13 P11-TRUE COPY OF THE PHOTOGRAPH OF THE WORK SITE IN RESPECT OF TENDER NO.05/14-15 IN EXT.P5 EXT.P12-TRUE COPY OF THE MEMORANDUM DATED 23.9.09 ISSUED BY THE CPIO FOR THE COORPORATIVE DIVISION OF THE GOVERNEMNT OF INDIA.
RESPONDENTS EXTS.
EXT.R5A TRUE COPY OF THE ORDER P;L1-5822/2014 DATED WP(C) NO. 4258 OF 2015 2.2.15 ISSUED BY THE 3RD RESPONDENT EXT.R5B TRUE COPY OF THE ORDER P.L1-5821/2014 DATED 2.2.15 ISSUED BY THE 3RD RESPONDENT EXT.R5C TRUE COPY OF THE ORDER P.L1-5852/2014 DATED 2.2.15 EXT.R5D TRUE COPY OF THE ORDER P.L1-5999/2014 DATED 2.2.15 ISSUED BY THE 3RD RESPONDENT. EXT.R2A GO(RT) NO.255/2004/F&PD DATED 29.06.04 ISSUED BY FISHERIS & PORT DEPARTMENT