Benny Cherian vs Kerala State Information ...
2021 Latest Caselaw 4543 Ker

WP(C).No.396 OF 2021(Y)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                       WP(C).No.396 OF 2021(Y)


PETITIONER/S:

                BENNY CHERIAN,
                AGED 57 YEARS
                S/O. C.P. CHERIAN, CHERUVANNOOR HOUSE, KUNNACKAL
                P.O., MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN
                CODE-682316.

                BY ADVS.
                SRI.SHIBU JOSEPH
                SRI.AJITH VISWANATHAN
                SHRI. SAYED MANSOOR BAFAKHY THANGAL

RESPONDENT/S:

      1         KERALA STATE INFORMATION TECHNOLOGY MISSION,
                E-GOVERNMENT PROCUREMENT PMU AND HELPDESK, BASEMENT
                FLOOR OF SPARAK PMU, UPPALAM ROAD, STATUE JN.,
                THIRUVANANTHAPURAM DISTRICT, PIN CODE-695001,
                REPRESENTED BY ITS SECRETARY.

      2         THE SUPERINTENDING ENGINEER,
                P.W.D. BUILDINGS, CENTRAL CIRCLE, THRISSUR, PIN
                CODE-680001.

      3         ASSISTANT ENGINEER,
                P.W.D. BUILDINGS SUB DIVISION, WADAKKANCHERY,
                THRISSUR DISTRICT, PIN CODE-680 582.

      4         THE PRINCIPAL,
                GOVERNMENT ARTS AND SCIENCE COLLEGE, CHELAKKARA,
                KILLIMANGALAM P.O., THRISSUR, PIN CODE-680591.

      5         THE VILLAGE OFFICER,
                KILLIMANGALAM VILLAGE, CHELAKKARA, THRISSUR
                DISTRICT, PIN CODE-680 586.

      6         TALUK SURVEYOR,
                THALAPILLY TALUK SUPPLY OFFICE, WADAKKANCHERY P.O.,
                THRISSUR DISTRICT, PIN CODE-680682.
 WP(C).No.396 OF 2021(Y)
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      7      EXECUTIVE ENGINEER,
             K.S.E.B. OFFICE, PALACE ROAD, PANGARAPPILLI,
             CHELAKKARA, THRISSUR DISTRICT, PIN CODE-680586.


OTHER PRESENT:

             SRI.SUDHEER GANESH KUMAR,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.396 OF 2021(Y)
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                                    JUDGMENT

Dated this the 8th day of February 2021

The Writ Petition is filed seeking the following reliefs:

A) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to make necessary arrangements to fix the boundaries of the property and direct the 7th respondent to change the position of the electric post on the southern side/boundary enable the petitioner to resume the work and complete the work at the earliest. B) Alternatively, issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to terminate the Ext.P3 agreement due to the failure on the part of the 2nd respondent and exonerate the petitioner from Ext.P3agreement with payments for the works done till date and also compensation for the damage suffered. C) Issue a writ of mandamus to the 2nd respondent to pay the amounts for the works already executed by the petitioner in accordance with Exts.P2 and P3 agreement including the security deposit and performance guarantee entrusted by the petitioner with the 2nd respondent.

2. The learned Government Pleader on instructions submitted

that respondents 3 and 6 have already demarcated the property

and therefore as against them no relief would be required

further.

3. Learned counsel for the petitioner submits that the

petitioner had also requested for shifting the electric post.

According to the learned Government Pleader it is for the

petitioner to deal with in consultation with the stake holders. WP(C).No.396 OF 2021(Y)

Petitioner would therefore be free to take up the matter

with the appropriate authorities.

The Writ Petition is accordingly closed.

Sd/-

                                          P.V.ASHA

rkc                                         JUDGE
 WP(C).No.396 OF 2021(Y)





                           APPENDIX


PETITIONER'S/S EXHIBITS:



EXHIBIT P1           NOTIFICATION BEARING NO.TSR/BL/2019/3072 E-

TENDER INVITED BY THE 2ND RESPONDENT THROUGH 1ST RESPONDENT'S OFFICIAL WEBSITE.

EXHIBIT P2 SELECTION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 18.2.2020.

EXHIBIT P3 MAIN AGREEMENT BEARING NO.48/2019-

20/SE/BCC/TSR DATED 26.2.2020.

EXHIBIT P4 ACKNOWLEDGEMENT FORM ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 6.3.2020.

EXHIBIT P5 LETTER BEARING NO.BL 2019/3072 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 6.3.2020.

EXHIBIT P5(A) READABLE COPY OF EXHIBIT P5 LETTER BEARING NO. BL 2019/3072 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT DATED 6.3.2020.

EXHIBIT P6 LETTER BEARING NO.A1/57/2019/GASCCLKA ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 6.3.2020.

EXHIBIT P7 LETTER BEARING NO.A1/57/2019/GASCCLKA ISSUED BY THE 4TH RESPONDENT TO 7TH RESPONDENT DATED 16.3.2020.

EXHIBIT P8 REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 24.3.2020.

EXHIBIT P9 REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 27.5.2020.

EXHIBIT P9(A) REPRESENTATION SUBMITTED BY THE PETITIONER WP(C).No.396 OF 2021(Y)

BEFORE THE 2ND RESPONDENT DATED 2.9.2020.

EXHIBIT P9(B) REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 29.9.2020.

EXHIBIT P9(C) REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 21.10.2020.

EXHIBIT P10 COMPLAINT FILED BY PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.11.2020