T.V.Sunil vs The Kerala Agro-Industries ...
2021 Latest Caselaw 23848 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
  SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
                       WP(C) NO. 18366 OF 2021
PETITIONER:

          T.V.SUNIL
          AGED 49 YEARS
          S/O T.K.VIJAYAN,
          THARANILATHU HOUSE, ADIMALI, IDUKKI.
          BY ADVS.
          P.P.JACOB
          MARIYAM JACOB


RESPONDENTS:

    1     THE KERALA AGRO-INDUSTRIES CORPORATION LTD.
          KISSAN JYOTHI, FORT THIRUVANANTHAPURAM, PIN-695023,
          REPRESENTED BY THE MANAGING DIRECTOR
    2     THE KERALA AGRO-INDUSTRIES CORPORATION LIMITED
          DISTRICT OFFICE, KANNUR, LINE ROAD, KANNUR, PIN-670001,

          REPRESENTED BY ITS DIVISIONAL ENGINEER.
    3     THE DISTRICT ANIMAL HUSBANDRY OFFICE
          KANNUR, PIN-670001,
          REPRESENTED BY THE DISTRICT ANIMAL HUSBANDRY OFFICER.
          BY ADVS.
          M.GOPIKRISHNAN NAMBIAR
          GOVERNMENT PLEADER
          K.JOHN MATHAI
          JOSON MANAVALAN
          KURYAN THOMAS
          PAULOSE C. ABRAHAM
          RAJA KANNAN


          SMT.VINITHA B SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18366/2021

                                   2




                           JUDGMENT

Dated this the 4th day of December, 2021

The petitioner has approached this Court seeking to

direct the respondents to release the amount due and payable,

Rs.67,15,252/- to the petitioner acting upon Ext.P2 bill.

2. The petitioner states that he is an empaneled

contractor who has undertaken works for the 1 st respondent.

The work related to strengthening of Goat Farm at Kommeri in

Kannur, in the year 2013-2014. The respondents accepted the

bid of the petitioner and an agreement was executed. The

petitioner would submit that the work undertaken by the

petitioner has been completed to the satisfaction of the

respondents. However, the bill amounts due to the petitioner

have not been paid so far. In such circumstances, the WP(C).No.18366/2021

petitioner seeks payment of outstanding amount along with the

interest.

3. When the writ petition come up today for hearing,

the learned Standing Counsel for the 1 st and 2nd respondent

submitted that the work completed by the petitioner has to be

measured through a Joint Inspection where the petitioner's

presence is required. The petitioner was called by the officer of

the 1st respondent on 17.11.2021 and the process of Joint

Inspection is in progress. The 1st respondent would further

submit that final bill amount due to the petitioner can be

ascertained only after conducting the inspection and on the

basis of measurements taken in the Joint Inspection. The

process of Joint Inspection, taking measurement and other

administrative requirements, would take some time and the 1 st

respondent will be able to pay the amount found due to the

petitioner within a period of five to six months, contended the

learned Standing Counsel for the respondents.

4. The learned counsel for the petitioner expressed his WP(C).No.18366/2021

apprehension that since the work has been completed in the

year 2019, there may be natural wear and tear of the building

and the respondents may not withhold the bill amount payable,

on that ground. This Court is of the view that this is a matter

which has to be considered by the 1st respondent.

In the facts and circumstances of the case, the writ

petition is disposed of directing the 1st respondent to complete

the process of Joint Inspection and measurements and take

expeditious steps to pay the amount found due to the

petitioner as expeditiously as possible and at any rate within a

period of four months. Needless to say, the petitioner shall

provide all his assistance required for Joint Inspection and

measurements. Sd/-

N. NAGARESH JUDGE rps/ WP(C).No.18366/2021

APPENDIX OF WP(C) 18366/2021

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE SELECTION NOTICE ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 21.03.2018.

Exhibit P2 TRUE PHOTOCOPY OF THE DETAILS OF RUNNING ACCOUNT BIL DATED 2.12.2019 FORWARDED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT DATED 2.12.2019. Exhibit P3 TRUE PHOTOCOPY OF THE NOTICE DATED 23.02.2021 ISSUED TO THE PETITIONER BY THE KERALA BANK, ADIMALI BRANCH.

Exhibit P4 TRUE PHOTOCOPY OF THE NOTICE DATED 26.02.2021 ISSUED TO THE PETITIONER'S WIFE BY THE KERALA BANK ADIMALI BRANCH.

RESPONDENT'S EXHIBITS ANNEXURE R3(a) TRUE PHOTOCOPY OF THE GO(MS) NO.

137/2014/AD DATED 17.06.2014.

ANNEXURE R3(b) TRUE PHOTOCOPY OF THE GO(RT) NO.

2094/2015/AGRI. DATED 22.12.2015. ANNEXURE R3(c) TRUE PHOTOCOPY OF THE MOU. ANNEXURE R3(d) TRUE PHOTOCOPY OF THE LETTER NO.

KAICO/HO/TECH/2016-2017/KOMERI GF/196 DATED 30.06.2016.

ANNEXURE R3(e) TRUE COPY OF ORDER NO.B3 10037/2013/PLG DATED 13.05.2015.

ANNEXURE R3(f) TRUE COPY OF THE ORDER NO.

AHD/7094/2017.B3 DATED 14.06.2018. ANNEXURE R3(g) TRUE COPY OF ORDER NO. AHD/3186/2018-B3 DATED 18.08.2020.