Thoppil Contractors (India) Pvt. ... vs The State Of Kerala
2021 Latest Caselaw 4154 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      WP(C).No.23830 OF 2020(C)


PETITIONER:

               THOPPIL CONTRACTORS (INDIA) PVT. LTD.,
               THOLIKKUZHY, ADAYAMON P.O., KILIMANOOR,
               THIRUVANANTHAPURAM,
               REPRESENTED BY ITS MANAGING DIRECTOR,
               A.NIZAMUDEEN, AGED 56 YEARS, S/O.ALIKKANNU,
               THOPPIL VEEDU, THOLIKUZHI, ADAYAMON P.O., KILIMANOOR,
               THIRUVANANTHAPURAM-695 614.

               BY ADV. SRI.AJITH KRISHNAN

RESPONDENTS:

      1        THE STATE OF KERALA,
               REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
               PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE CHIEF ENGINEER,
               PUBLIC WORKS DEPARTMENT ROADS, PUBLIC OFFICE,
               THIRUVANANTHAPURAM-695 033.

      3        THE SUPERINTENDING ENGINEER,
               PUBLIC WORKS DEPARTMENT ROADS (SC) PUBLIC OFFICE,
               THIRUVANANTHAPURAM-695 033.

      4        THE EXECUTIVE ENGINEER,
               PUBLIC WORKS DEPARTMENT ROADS DIVISION,
               P.M.G. JUNCTION, THIRUVANANTHAPURAM-695 033.

      5        THE ASSISTANT EXECUTIVE ENGINEER,
               PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION,
               NEDUMANGAD, THIRUVANANTHAPURAM-695 541.

      6        THE KERALA STATE CONSTRUCTION CORPORATION LIMITED,
               REPRESENTED BY ITS MANAGING DIRECTOR, .
               30/1521-A BAY UNDER THE BRIDGE,
               NORTHERN SIDE OF RAILWAY, PONNURUNNI, VYTTILA,
               ERNAKULAM-682 019.
 WP(C).No.23830 OF 2020(C)

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      7      THE GENERAL MANAGER,
             KERALA STATE CONSTRUCTION CORPORATION LIMITED,
             30/1521-A BAY UNDER THE BRIDGE,
             NORTHERN SIDE OF RAILWAY, PONNURUNNI, VYTTILA,
             ERNAKULAM-682 019.

             BY ADVS. SRI.M.RAJAGOPALAN NAIR
                      SRI.G.BIJU
                      SRI.K.V.MANOJ KUMAR, SENIOR GOVT. PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23830 OF 2020(C)

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                             JUDGMENT

The petitioner has undertaken the

work of "improvements to Charummodu -

Ayyappankuzhy (via) Nallikuzhi Paruthikuzhy

road from km.0/00 to 5/200 - Providing 40mm

Bitumen Macadm" on a tender invited by the

6th respondent.

2. It is stated that on the basis of

Ext.P1 selection notice dated 28.08.2014, an

agreement was executed on 19.10.2014.

Petitioner has completed the work in the

year 2017, based on which the 5th respondent

had addressed the 4th respondent in Ext.P4

letter requesting for payment of the amount

from the Government. It is stated that the

6th respondent is the contractor and the 6th

respondent has engaged the petitioner for

undertaking the work.

WP(C).No.23830 OF 2020(C)

3. Sri.G.Biju, learned Standing Counsel

for the respondents 6 and 7, payment for the

petitioner can be made only if the

Government makes the payment. On the other

hand the learned Government Pleader,

Sri.K.V.Manoj Kumar, submits that there is

an issue regarding measurement, which is

opposed by the learned Standing Counsel for

the respondents 6 and 7 as well as the

petitioner.

4. At any rate, it is stated that

petitioner has undertaken the work and it

was completed in the year 2017. Therefore

payment has to be made by the contractor.

Therefore there shall be a direction

to the respondents 6 and 7 to furnish

details, regarding measurement to the

respondents 3 to 5 or the competent among

them, which are required to finalise the WP(C).No.23830 OF 2020(C)

issues for enabling payment and there shall

be a further direction to the respondents to

see that payment is made to the petitioner,

within a period of three months, from the

date of receipt of a copy of the judgment.

Disputes if any, regarding measurement shall

be sorted out between the respondents 6 and

7 and the respondents 2 to 5, in the

meanwhile.

The writ petition is disposed of

accordingly.

Sd/-

P.V.ASHA, JUDGE.

ww WP(C).No.23830 OF 2020(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE NO.DB14-

3119/2013, DATED 28.8.2014 TO THE 6TH RESPONDENT CONSTRUCTION CORPORATION, ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.CC/GM/TVM/14/2014, DATED 19.10.2014 BETWEEN THE PETITIONER AND 7TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE ACCEPTED WORK SCHEDULE.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.DB5/978/2013, DATED 31.7.2017, ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 10.9.2018, SUBMITTED BY THE PETITIONER TO THE RESPONDENTS.