M/S.Mulamoottil Constructions vs The Assistant Executive Engineer
2021 Latest Caselaw 11854 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.8492 OF 2021(J)


PETITIONER:

               M/S.MULAMOOTTIL CONSTRUCTIONS
               REPRESENTED BY ITS MANAGING PARTNER SRI.M.M.MATHEW,
               AGE 78 YEARS, S/O MATHEW, KUTTOOR.P.O,
               THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689106.

               BY ADVS.
               SRI.N.JAMES KOSHY
               SRI.T.SANJAY

RESPONDENTS:

      1        THE ASSISTANT EXECUTIVE ENGINEER
               PUBLIC WORKS DEPARTMENT, BRIDGES DIVISION,
               CHENGANASSERY, PIN-686101, KOTTAYAM DISTRICT.

      2        THE EXECUTIVE ENGINEER,
               PUBLIC WORKS DEPARTMENT,BRIDGES DIVISION,
               KOTTAYAM-686001, KOTTAYAM DISTRICT.

      3        THE SUPERINTENDING ENGINEER,
               PUBLIC WORKS DEPARTMENT, BRIDGES DIVISION,
               AMBALAPPUZHA SOUTH, MEDICAL COLLEGE. P.O,
               ALAPPUZHA DISTRICT,PIN-688005.

      4        THE CHIEF ENGINEER,
               OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS
               DEPARTMENT, BRIDGES, PUBLIC OFFICE, MUSUEM,
               VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM-695033.

      5        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               KERALA PUBLIC WORKS DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.


OTHER PRESENT:

               SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8492 OF 2021(J)

                                   2



                           J U D G M E N T

Petitioner, who is a contractor who was awarded

the work of construction of Cherpungal parallel

Bridge across Meenachil River in Kozhuvanal road in

Kottayam District, is aggrieved by the delay on the

part of the 5th respondent to take a decision on the

request made by the Chief Engineer-the 4 th respondent

in Ext.P15 letter relating to the revision of rates

for certain items. Petitioner has also submitted

Ext.P16 representation, pointing out that the delay

in taking a decision would cause inconvenience to the

entire public as construction of the Bridge will have

to be stopped and will be delayed unnecessarily.

According to the petitioner only after Government

takes a decision construction of the Bridge can be

completed.

Therefore there shall be a direction to the 5 th

respondent to consider the request made by the 4 th

respondent in Ext.P15 letter and Ext.P16 WP(C).No.8492 OF 2021(J)

representation submitted by the petitioner, after

affording an opportunity of hearing to the

petitioner, within a period of 'six weeks' from the

date of receipt of a copy of the judgment. It is made

clear that hearing can be held through electronic

mode.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.8492 OF 2021(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF AGREEMENT NO.196/SESC/2018-19 FOR WORKS DATED 30.01.2019 EXECUTED BETWEEN THE PETITIONER AND GOVERNOR OF STATE OF KERALA.

EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE TO THE CONTRACTOR DATED 21.02.2019 ISSUED BY 1ST RESPONDENT TO PETITIONER.

EXHIBIT P3 TRUE COPY OF LETTER DATED 21.02.2019 ISSUED BY PETITIONER TO 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 07.05.2019 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 25.05.2019 SUBMITTED BY PETITIONER TO 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 07.07.2020 SUBMITTED BY PETITIONER TO 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER N.DB23/EE-

BRIDGES/KTM DATED 10.07.2020 ISSUED BY 2ND RESPONDENT TO PETITIONER.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 11.07.2020 SENT THROUGH PROPER CHANNEL BY PETITIONER TO 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.DB.GL.295/2020 DATED 27.11.2019 ISSUED BY 2ND RESPONDENT TO PETITIONER.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 29.11.2019 SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT.

WP(C).No.8492 OF 2021(J)

EXHIBIT P11 TRUE COPY OF LETTER NO.4170/2018 DATED 27.07.2020 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REPORT AS PER LETTER NO.SE BR SC/DB4/2018/4170 DATED 19.10.2020 SENT BY 3RD RESPONDENT TO 4TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 28.11.2020 SENT BY PETITIONER TO 2ND RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE LETTER NO.EE.BR/4795/2019 DATED 17.12.2020 ISSUED BY 2ND RESPONDENT TO 3RD RESPONDENT

EXHIBIT P15 TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT CHIEF ENGINEER BEFORE THE 5TH RESPONDENT SECRETARY TO GOVERNMENT,PUBLIC WORKS DEPARTMENT,THIRUVANANTHAPURAM AS PER LETTER NO.CE/R&B/KTM/3713/2010 DATED 22.01.2021.

EXHIBIT P16 TRUE COPY OF THE NOTICE DATED 08.03.2021 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT SECRETARY TO GOVERNMENT,PUBLIC WORKS DEPARTMENT,THIRUVANANTHAPURAM.

EXHIBIT P17 TRUE COPY OF THE ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF EXHIBIT-P16 NOTICE BY THE 5TH RESPONDENT.