Kerala High Court
M/S. Greenworth Infrastructures (P) ... vs State Of Kerala on 11 April, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
WP(C) No.13193/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
WP(C) NO. 13193 OF 2024 (Y)
PETITIONER:
M/S. GREENWORTH INFRASTRUCTURES (P) LTD., BUILDING NO.33/102 E
(OLD), NEW NO.42/3075, SOUMYA NAGAR ROAD, ALINCHUVADU, EDAPPALLY,
KOCHI-24, REPRESENTED BY ITS MANAGING DIRECTOR, P.J. GEORGE, S/O.
LATE JOSEPH, AGED 57 YEARS, PARAMBATHUSSERY HOUSE, PADIVATTOM,
EDAPPALLY P.O., ERNAKULAM DISTRICT. , PIN - 682024
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2. SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS & BRIDGES)
CENTRAL CIRCLE, ALUVA, ERNAKULAM DISTRICT., PIN - 683101
3. GOSHREE ISLANDS DEVELOPMENT AUTHORITY, BUILDING NO.45/965-C, GIDA
ROAD, PACHALAM, ERNAKULAM, KOCHI, REPRESENTED BY ITS SECRETARY., PIN
- 682012
4. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION,
ERNAKULAM, THRIKKAKKARA, KOCHI., PIN - 682021
5. ADDL.R5.KERALA WATER AUTHORITY REPRESENTED BY THE EXECUTIVE
ENGINEER, P.H. DIVISION, ERNAKULAM [IS SUO MOTU IMPLEADED AS
ADDITIONAL R5 VIDE ORDER DATED 08/04/2024 IN WP(C) 13193/2024.]
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 3rd respondent to sanction and disburse
Rs.17,43,803/-, as suggested by the 2nd respondent in Ext.P11 proceeding,
forthwith, pending final disposal of the WP(C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C)and this Court's order dated
08.04.2024 and upon hearing the arguments of M/S.BABU JOSEPH KURUVATHAZHA,
ARCHANA K.S., MOHAMMED SHAFI.K & NOEL EALIAS, Advocates for the
petitioner, GOVERNMENT PLEADER for R1, R2 & R4, STANDING COUNSEL for R3,
SRI.V.V.JOHNY, Advocate for Addl.R5, the court passed the following:
WP(C) No.13193/2024 2/4
T.R. RAVI, J.
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WP(C) No.13193 of 2024
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Dated this the 11th day of April, 2024
ORDER
The case is listed at the instance of the 3 rd respondent, who says that they are aggrieved by the interim order passed on 08.04.2024 directing them to pay the amounts as directed in Ext.P11 within one week from 08.04.2024 to the Kerala Water Authority. The submission is that pursuant to the judgment of this Court in WP(C) No.25595 of 2023 they were not put on notice regarding the hearing and the direction to pay the amount has been made without hearing them. It is submitted that they will be able to pay only if the Water Authority approved of the figure. It is also submitted that the amounts which had been granted administrative sanction are almost spent and only a sum of around Rs.12 lakhs is available with the 3 rd respondent and hence they will not be able to pay the amount of Rs.17,43,803/- as directed.
2. The Government Pleader on the other side submits that the 3rd respondent was issued with notice of hearing but WP(C) No.13193/2024 3/4 WP(C) No.13193 of 2024 2 they did not respond.
In the above circumstances, the order dated 08.04.2024 is kept in abeyance for facilitating the 3rd respondent and the Government to place on record the documents to show the actual fact regarding the issue of notice to the 3 rd respondent. De hors the order dated 08.04.2024 being kept in abeyance, the 3rd respondent shall make arrangements to pay whatever amount is available with them to the Kerala Water Authority for disbursing the same to the petitioner within a week from today.
Sd/-
T.R.RAVI JUDGE mpm 11-04-2024 /True Copy/ Assistant Registrar WP(C) No.13193/2024 4/4 APPENDIX OF WP(C) 13193/2024 Exhibit P11 TRUE COPY OF THE PROCEEDING NO.DEP-2562/2013 DATED 24.8.2023 OF THE 2ND RESPONDENT.
11-04-2024 /True Copy/ Assistant Registrar