Kerala High Court
Metro Digital Media vs State Of Kerala on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 05TH DAY OF FEBRUARY 2021/16TH MAGHA,1942
WP(C).No.26309 OF 2020(K)
PETITIONER:
METRO DIGITAL MEDIA,
2ND FLOOR, THYKKOOTTATHIL BUILDING,
CIVIL LINE ROAD, VAZHAKKALA,
KAKKANAD P.O., KOCHI-682 030,
REP. BY ITS MANAGING PARTNER MANOJ T.G.,
S/O.T.V.GOPI, AGED 46 YEARS.
BY ADV. SRI.R.RAMADAS
RESPONDENTS:
1 STATE OF KERALA,
REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
INDUSTRIES DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM -695 001
2 KERALA STATE INDUSTRIAL ENTERPRISES LTD.,
BUSINESS CENTRE,
3RD FLOOR,
ST.JOSEPH'S PRESS BUILDINGS,
COTTON HILL,
THIRUVANANTHAPURAM -695 014
3 KERALA MEDIA ACADEMY,
REP.BY ITS SECRETARY,
SEAPORT-AIRPORT ROAD,
CIVIL LANE COLONY,
KAKKANAD,
ERNAKULAM DISTRICT, PIN-682 030
4 KOCHI METRO RAIL LTD.,
JLN METRO STATION,
4TH FLOOR,
KALOOR,
KOCHI-17,
REP. BY ITS MANAGING DIRECTOR
WP(C) No.26309/2020
:2 :
ADDL. 5 THE ASSISTANT EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
(BUILDING SUB DIVISION),
THRIKKAKKARA,
ERNAKULAM DISTRICT, PIN-682 021
(IS IMPLEADED AS PER ORDER DATED 05.02.2021 IN
IA NO.1/2021)
R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R2 BY ADV. SRI.K.JOHN MATHAI
R2 BY ADV. SRI.JOSON MANAVALAN
R2 BY ADV. SRI.KURYAN THOMAS
R2 BY ADV. SRI.PAULOSE C. ABRAHAM
R2 BY ADV. SRI.RAJA KANNAN
R3 BY ADV. SRI.SHAIJAN C.GEORGE
R3 BY ADV. SMT.ANJU TREESA GEORGE
R4 BY ADV. SRI.K.JAJU BABU (SR.), SC
R4 BY SMT.M.U.VIJAYALAKSHMI, SC, KOCHI METRO
RAIL LTD.
GOVERNMENT PLEADER SMT. RASHMI K.M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.26309/2020
:3 :
JUDGMENT
~~~~~~~~~
Dated this the 5th day of February, 2021
The petitioner has undertaken certain works of the
3rd respondent-Kerala Media Academy. The works were (1)
repair and renovation of hostel and office building at Kerala
Media Academy and (2) repair and renovation of the main
building of Kerala Media Academy. The works were awarded
by the 2nd respondent on behalf of the 3rd respondent-Kerala
Media Academy. The works were completed by the petitioner
satisfactorily, in the year 2017. The first work was awarded to
the petitioner for an amount of ₹45,05,960/- and the second
work was for an amount of ₹16,82,598/-. The 3 rd respondent
has paid certain amount to the petitioner through the 2nd
respondent. However, the petitioner would submit that an
amount of ₹14,72,285/- is outstanding. The petitioner is
before this Court seeking to direct respondents 2 and 3 to pay
the said balance amount of 14,72,285/- with interest at the
WP(C) No.26309/2020
rate of 12%.
2. The 3rd respondent filed a counter affidavit in the
writ petition. The 3rd respondent stated that on receipt of
invoice from the 2nd respondent on 27.02.2017, the Kerala
Media Academy had forwarded a report to the Executive
Engineer, Public Works Department (Building Section),
Edappally on 14.03.2017. But, the Public Works Department
informed that the invoices lack supporting bills and schedules.
The 2nd respondent submitted that they have submitted the
detailed schedule showing the calculation for the invoices
amount with a covering letter dated 10.05.2017. However, the
Assistant Engineer, Public Works Department (Building
Section), Ernakulam sent communication to the Secretary in
charge of Kerala Media Academy pointing out certain
excesses noticed in the bills, which are as follows:-
Item No. Done qty. Claimed qty. Remarks
2 300m2 300m2 Claimed as LS item, no
measurements
3 30.19m2 40m2 Claimed as LS item
4 2.98m2 5m2 do
WP(C) No.26309/2020
Item No. Done qty. Claimed qty. Remarks
8 125m2 140m2 No measurements for extra
qty.
10 Estimate qty 49m2 Not clear whether
71m2 measurement is length or
area
11 300m2 210m2 Item 10 + item 11 is 259 m2,
which only could be
admissible for demolition
item no.2
Learned counsel for the 3rd respondent would submit that in
view of the letter dated 27.07.2017, the 3rd respondent has
difficulties in paying the balance amount.
3. Heard learned counsel for the petitioner, learned
Government Pleader appearing for respondents 1 and 5 and
the learned Standing Counsel appearing for respondents 2, 3
and 4.
4. Going through the pleadings, in Ext.R3(c) letter of
the Assistant Executive Engineer, it can be seen that the
petitioner has claimed excessively under some heads but has
claimed lower quantity of work in certain other items. Even
keeping aside these disputed quantities of work, it is admitted
by either side that an amount of more than ₹11 lakhs will be
WP(C) No.26309/2020
due to the petitioner.
5. If the excess works claimed by the petitioner is set
off against the lower claims, there may not be any substantial
difference in the claims made by the petitioner.
In such circumstances, the writ petition is disposed
of directing the 2nd respondent to pay an amount of ₹11 lakhs
to the petitioner within a period of three weeks. As regards
the balance amount, the petitioner may submit a detailed
representation to the Chairman of Kerala Media Academy
explaining the anomalies seen in the schedule contained in
Ext.R3(c). The Chairman of Kerala Media Academy shall
decide the balance amount due to the petitioner and settle the
balance amount also within a period of three months from the
date of receipt of the representation of the petitioner.
Needless to say, the Chairman shall give the petitioner an
opportunity of personal hearing, before taking a final decision
on the balance amount.
Sd/-
N. NAGARESH, JUDGE
aks/05.02.2021
WP(C) No.26309/2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED
31.3.2015 EXECUTED BETWEEN THE
RESPONDENTS 2 AND 3
EXHIBIT P2 TRUE COPY OF THE LETTER DATED
20.4.2015 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 2.5.2015
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONER
EXHIBIT P4 TRUE COPY OF THE AGREEMENT DATED
17.4.2015 WITH THE 2ND RESPONDENT TO
THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE AGREEMENT DATED
APRIL, 2015 WITH THE 2ND RESPONDENT
AND THE PETITIONER
EXHIBIT P6 TRUE COPY OF THE LETTER BY THE 2ND
RESPONDENT DATED 29.11.2017 TO THE 3RD
RESPONDENT
EXHIBIT P7 TRUE COPY OF THE REMINDER DATED
21.5.2018 ISSUED BY THE 2ND RESPONDENT
TO THE 3RD RESPONDENT
EXHIBIT P8 TRUE COPY OF ANOTHER REMINDER DATED
31.10.2018 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P9 TRUE COPY OF THE ANOTHER REMINDER
DATED 18.9.2019 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P10 TRUE COPY OF THE LETTER DATED
9.11.2020 ISSUED BY THE 2ND RESPONDENT
OT THE 3RD RESPONDENT
WP(C) No.26309/2020
EXHIBIT P11 TRUE COPY OF THE NOTIFICATION NO.G.O.
(P).NO.25/2018/RD DATED 19.5.2018
ISSUED U/S 4 OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013
EXHIBIT P12 TRUE COPY OF THE THE NOTIFICATION
NO.G.O.(P) NO.89/2018/RD DATED
20.12.2018 ISSUED BY THE GOVERNMENT OF
KERALA PUBLISHED IN MANGALAM DAILY
DATED 3.3.2019
EXHIBIT P13 TRUE COPY OF THE DECLARATION PUBLISHED
AS G.O.(P). NO.40/2020/RD DATED
15.6.2020
EXHIBIT P14 TRUE COPY OF THE LETTER DATED
03/03/2015 ISSUED BY THE SECRETARY IN
CHARGE OF 3RD RESPONDENT TO THE
MANAGING DIRECTOR OF 2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE LETTER DATED
13/08/2013 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
EXHIBIT P16 TRUE COPY OF THE LETTER DATED
22/07/2014 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
RESPONDENTS' EXHIBITS:
EXHIBIT R3 A TRUE COPY OF THE LETTER FORWARDING
THE REPORT AND THE INVOICES SUBMITTED
BY THE 2ND RESPONDENT, ADDRESSED TO
EXECUTIVE ENGINEER, PUBLIC WORKS
DEPARTMENT, DATE 14.03.2017
EXHIBIT R3(A) A TRUE COPY OF THE LETTER ISSUED BY
THE 2ND RESPONDENT TO THE KERALA MEDIA
ACADEMY, DATE 10.05.2017
EXHIBIT R3(B) A TRUE COPY OF THE COVERING LETTER
ISSUED WITH THE DETAILED SCHEDULE
DATED 22.06.2017.
WP(C) No.26309/2020
EXHIBIT R3(C) A TRUE COPY OF THE LETTER ISSUED BY
THE ASSISTANT EXECUTIVE ENGINEER, PWD
BUILDING SUB DIVISION, ERNAKULAM DATE
27.7.2017.
SR
