Kerala High Court
M.Muraleedharan vs The Kerala Land Development ... on 24 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021/5TH PHALGUNA, 1942
WP(C).No.21029 OF 2015
PETITIONERS:
1 M.MURALEEDHARAN,
AGED 42 YEARS,
CONTRACTOR, MANIKETTY HOUSE,
CHITTUR P.O.,
PALAKKAD DISTRICT.
2 K. MANOJ,
CONTRACTOR,
MADHAVI MANDIRAM,
THENARI P.O.,
PALAKKAD DISTRICT.
3 C. UDAYAKUMAR,
CONTRACTOR, POTHENPADAM,
MUTHALAMADA, PALAKKAD DISTRICT
BY ADVS.
SRI.JACOB SEBASTIAN
SRI.K.V.WINSTON
SMT.ANU JACOB
RESPONDENTS:
1 THE KERALA LAND DEVELOPMENT CORPORATION LTD.,
THIRUVANANTHAPURAM,
REPRESENTED BY THE MANAGING DIRECTOR.
2 THE CONSTRUCTION ENGINEER,
KERALA LAND DEVELOPMENT CORPORATION LTD.,
THRISSUR-680 020
3 THE DEPUTY SUPERINTENDENT OF POLICE
(VIGILANCE),
PALAKKAD
R1 BY SRI.A.ABDULKHARIM, SC, KERALA LAND
DEVP.CORPN. LTD.
R1, R3 BY ADV. STATE ATTORNEY
WP(C) Nos.21029 & 21629 of 2015
:2 :
R1-2 BY ADV. SRI.SANJAY THAMPI, SC, KERALA
LAND DEVELOPMENT CORPORATION LTD.
R1-2 BY SRI.BAIJURAJ G., SC, KLDC LTD.
R3 BY GOVERNMENT PLEADER SMT.K.M. RASHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.02.2021, ALONG WITH WP(C).21629/2015(C), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.21029 & 21629 of 2015
:3 :
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021/5TH PHALGUNA, 1942
WP(C).No.21629 OF 2015(C)
PETITIONERS:
1 P.P.MATHAI, (DIED)
AGED 82 YEARS,
RESIDING AT PAZHAYIDAYIL HOUSE,
KARUKAPILLY P.O. KOLENCHARY,
ERNAKULAM DISTRICT.
ADDL. 2 P.M.JOHN,
AGED 56 YEARS,
S/O.LATE P.P.MATHAI,
RESIDING AT PAZHAYIDAYIL HOUSE,
KARUKAPALLY P.O,
KOLENCHERY,
ERNAKULAM DISTRICT-682311
(LEGAL HEIR OF PETITIONER)
ADDL. P2 BEING THE LEGAL HEIR OF DECEASED
PETITIONER, IS IMPLEADED AS PER ORDER DATED
04-01-2020 IN IA 1/2020 IN WP(C)21629/2015.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
RESPONDENTS:
1 KERALA LAND DEVELOPMENT CORPORATION LTD.,
THRISSUR-68002,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE CONSTRUCTION ENGINEER,
KERALA LAND DEVELOPMENT CORPORATION LTD.,
THRISSUR-680002
WP(C) Nos.21029 & 21629 of 2015
:4 :
3 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE & ANTI CORRUPTION BUREAU,
PALAKKAD - 678 001.
R1 BY SRI.A.ABDULKHARIM, SC, KERALA LAND
DEVP.CORPN. LTD.
R1 BY ADV. SRI.SANJAY THAMPI, SC, KERALA LAND
DEVELOPMENT CORPORATION L
R1 BY SRI.BAIJURAJ G., SC, KLDC LTD.
R3 BY GOVERNMENT PLEADER - SMT K.M.RASHMI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24.02.2021, ALONG WITH WP(C).21029/2015(C), THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.21029 & 21629 of 2015
:5 :
JUDGMENT
~~~~~~~~~
Dated this the 24th day of February, 2021
[WP(C) Nos.21029 & 21629 of 2015]
These writ petitions have been filed by Contractors,
who have undertaken various works on behalf of respondents
1 and 2. They are before this Court seeking to direct the
respondents to wind up the Vigilance Enquiry pending in the
matter or in the alternative, to return the files relating to the
petitioners including measurement books so as to enable
processing of their bills.
2. From the pleadings, it is evident that in respect of
certain works undertaken by the petitioners, there were
complaints and a Vigilance Enquiry was conducted. The files
relating to the work were taken custody of by the Vigilance.
Due to the Vigilance proceedings and due to non-availability
of relevant files, the respondents could not honour the bills of
WP(C) Nos.21029 & 21629 of 2015
the petitioners.
3. On instructions, the learned Government Pleader
would submit that the Vigilance has already given a report
finding some of the officials and contractors as having
committed irregularities. Accordingly, a case is pending
before the Enquiry Commissioner and Special Judge
(Vigilance Court), Thrissur.
4. I have heard the learned counsel for the petitioners,
learned Standing Counsel for the 1st respondent and learned
Government Pleader appearing for the governmental
respondents.
5. It has come out during the arguments that huge
amounts are due to the petitioners in the writ petitions. The
liability found against some of the petitioners is very low in
comparison to the total amounts due to them. Against some
of the petitioners, there are no adverse findings at all, by the
Vigilance. The works were undertaken by the petitioners
before the year 2015. The petitioners have invested huge
amounts for carrying out the work. The security deposit and
WP(C) Nos.21029 & 21629 of 2015
retention money of the petitioners are also with the
respondents.
6. Under such circumstances, withholding of the bill
amounts, security deposit and retention money indefinitely till
the Vigilance Court gives its final verdict would undoubtedly
cause irreparable loss and damage to the petitioners. In such
circumstances, it is necessary that the respondents process
the bills of the petitioners-contractors and wherever there is no
dispute and amounts can be disbursed, such amounts will
have to be disbursed expeditiously.
7. The learned Standing Counsel for respondents 1
and 2 would submit that the documents required for
processing the bills of the petitioners are now with the Enquiry
Commissioner and Special Judge (Vigilance Court), Thrissur.
But, that cannot be a reason for non-payment of money due to
the petitioners for an indefinitely long period.
8. In the circumstances, the writ petition is disposed of
directing respondents 1 and 2 to approach the Enquiry
Commissioner and Special Judge (Vigilance Court), Thrissur,
WP(C) Nos.21029 & 21629 of 2015
make application for certified copies of necessary documents
including M-Books, obtain the same and process the bills of
the petitioners expeditiously, taking into consideration the fact
that these bills are pending for more than six years.
After obtaining the certified copies of the
documents from the Vigilance Court and after processing the
bills, the amounts legally due to the petitioners, shall be paid
without further delay. Respondents 1 and 2 shall submit
necessary applications before the Vigilance Court within a
period of three weeks. It is made clear that respondents 1
and 2 will be at liberty to withhold any amount if found not
payable under the terms of the contract or found not payable
as per the Vigilance Report.
Sd/-
N. NAGARESH, JUDGE
aks/24.02.2021
WP(C) Nos.21029 & 21629 of 2015
APPENDIX OF WP(C) 21029/2015
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF 'A' CLASS REGISTRATION
CERTIFICATE ISSUED IN FAVOUR OF THE
1ST PETITIONER BY THE SUPERINTENDING
ENGINEER, SIRUVANI PROJECT CIRCLE,
PALAKKAD
EXHIBIT P2 TRUE COPY OF THE WORK ORDER DT.
15/4/13 ISSUED BY THE 2ND RESPONDENT
TO THE 1ST PETITIONER IN RESPECT OF
THE WORK RELATING TO "DEEPENING OF
POOLAKKALERIKULAM I INCLUDING
CONSTRUCTION OF PIPE SLUICE AND SILT
COLLECTION CHAMBER
EXHIBIT P3 TRUE COPY OF THE AGREEMENT SCHEDULE
ACCOMPANYING THE CONTRACT AGREEMENT
EXECUTED BY THE 1ST PETITIONER
RELATING TO "DEEPENING OF
POOLAKKALERIKULAM I INCLUDING
CONSTRUCTION OF PIPE SLUICE AND SILT
COLLECTION CHAMBER
EXHIBIT P4 TRUE COPY OF THE STATEMENT DT. 1/7/15
ISSUED BY THE FEDERAL BANK LTD.
CHITTUR BRANCH TO THE 1ST PETITIONER
EXHIBIT P5 TRUE COPY OF NOTICE DATED 23.01.2018
ISSUED BY KERALA GRAMIN BANK, PALAKKAD
MAIN BRANCH
EXHIBIT P6 TRUE COPY OF NOTICE DATED 23.01.2018
ISSUED BY BANK OF INDIA, CHANDRANAGAR
BRANCH
EXHIBIT P9 A TRUE COPY OF REPORT DATED 1.9.2018
SUBMITTED BY THE SUPERINTENDANT OF
POLICE CENTRAL RANGE, ERNAKULAM BEFORE
THE DIRECTOR, VIGILANCE & ANTI
CORRUPTION BUREAU, THIRUVANANTHAPURAM
EXHIBIT P9(a) A TYPED COPY OF THE EXHIBIT-P9
WP(C) Nos.21029 & 21629 of 2015
APPENDIX OF WP(C) 21629/2015
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE RELEVANT PAGES OF THE
LICENSE OF A-CLASS CONTRACTOR IN
PUBLIC WORKS DEPARTMENT RENEWED UP TO
31.3.2018 IN FAVOUR OF THE PETITIONER.
EXHIBIT P2 COPY OF THE WORK ORDER NO.D1-25/13
DATED 10.04.2013 IN CONNECTION WITH
DEEPENING OF THE POND AND CONSTRUCTION
OF PIPE, SLUICE AND SILT COLLECTION
CHAMBER.
EXHIBIT P3 COPY OF THE WORK ORDER NO.D1-26/13
DATED 23.04.2013 IN CONNECTION WITH
THE WORK OF "RENOVATION OF THALERI
POND".
EXHIBIT P4 COPY OF THE PROCEEDINGS NO.D.1-26/13
DATED 22.05.2013 OF THE 2ND RESPONDENT
GIVEN TO THE PETITIONER.
EXHIBIT P5 COPY OF THE NOMINATION IN RESPECT OF
EXT-P3 CONTRACT (VIDE AGREEMENT NO-
15/CE/2013-14 DATED 24.3.2013
SUBMITTED BY THE 1ST PETITIONER)
(P.P.MATHAI)
SR
