Thoppil Infra Associates vs The State Of Kerala
2021 Latest Caselaw 4545 Ker

WP(C).No.1142 OF 2021(P)
                                  1

            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.1142 OF 2021(P)


PETITIONER/S:

                THOPPIL INFRA ASSOCIATES
                REPRESENTED BY ITS MANAGING DIRECTOR, NIZAMUDEEN
                A., THOPPIL BUILDING, THOLIKKUZHY, ADAYAMON P.O.,
                KILIMANOOR, THIRUVANANTHAPURAM - 695 614.

                BY ADV. SHRI.AJITH KRISHNAN

RESPONDENT/S:

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

      2         THE SECRETARY, IRRIGATION DEPARTMENT, GOVERNMENT
                SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      3         ADDITIONAL CHIEF SECRETARY
                INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM - 695 001.

      4         SECRETARY TO GOVERNMENT
                FOREST DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM - 695 001.

      5         CHIEF CONSERVATOR OF FOREST
                VAZHUTHACAUD, THIRUVANANTHAPURAM - 14.

      6         THE CHIEF ENGINEER (CIVIL)
                DAM SAFETY AND DRIP, KERALA STATE ELECTRICITY
                BOARD, PATTOM P.O., THIRUVANANTHAPURAM - 14.

      7         DIRECTOR, MINING GEOLOGY, KESAVADASAPURAM, PATTOM
                P.O., THIRUVANANTHAPURAM - 4.

      8         THE TRAVANCORE CEMENTS LTD.
                REPRESENTED BY ITS MANAGING DIRECTOR, NATTAKAM,
                KOTTAYAM - 686 013.
 WP(C).No.1142 OF 2021(P)
                               2


OTHER PRESENT:

             SPLGP.SRI.SANDESH RAJA.K,
             SRI.MILLU DANDAPANI,SC,
             SRI.SUDHEER CANESH KUMAR,SC,KSEB

     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.1142 OF 2021(P)
                                                   3



                                         JUDGMENT

Dated this the 8th day of February 2021

The petitioner claims that the 8th respondent has awarded it

the work of desiltation of Lower Periyar Reservoir, Idukki,

based on which the petitioner has deposited a sum of

Rs.3,57,50,000/- towards security deposit and an agreement was

executed on 23.12.2015. It is stated that since respondents

could not obtain clearance from the Forest Department/Central

Government etc, the work could not be commenced. The petitioner

therefore submitted Ext.P7 representation before the 3rd

respondent pointing out these aspects and requesting for refund

of the amount to the petitioner pointing out the loss caused to

him on account of execution of the agreement on awarding the

work. The learned counsel for the petitioner submits that the

petitioner would be satisfied with a direction to the 3rd

respondent to consider the representation.

Therefore, the Writ Petition is disposed of with a

direction to the 3rd respondent to consider the request of the

petitioner in Ext.P7 after affording an opportunity of hearing

to the petitioner, 8th respondent and all other stake holders.

Orders shall be passed within a period of six weeks. It is made

clear that hearing can be held through electronic mode.

Sd/-

                                                                     P.V.ASHA

rkc                                                                    JUDGE
 WP(C).No.1142 OF 2021(P)





                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE AGREEMENT DATED 23/12/2015

EXECUTED BETWEEN THE PETITIONER AND 8TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE WORK ORDER ISSUED BY THE 8TH RESPONDENT TO THE PETITIONER DATED 23/12/2015.

EXHIBIT P3 TRUE COPY OF THE DEMAND DRAFT ISSUED BY THE PETITIONER IN FAVOUR OF THE 9TH RESPONDENT FOR THE AMOUNT OF RS.3,07,50,000/-.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE MEETING DATED 4/6/2012 PRESIDED BY HON'BLE CHIEF MINISTER.

EXHIBIT P5 TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 21/12/2018 EXECUTED BETWEEN THE PETITIONER AND THE 8TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 14/9/2020 IN W.P.(C) 20613/2019.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD AND 8TH RESPONDENTS DATED 21/12/2020.