Manoj M.C vs State Of Kerala
2021 Latest Caselaw 6883 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                        WP(C).No.57 OF 2021(F)


PETITIONER:

               MANOJ M.C.,
               AGED 43 YEARS,
               MANAGING DIRECTOR,
               POWER CRAFT ELECTRICAL CONTRACTOR PVT. LTD.,
               GROUND FLOOR, ROOM NO.33, REVENUE TOWER,
               CHANGANASSERRY, KOTTAYAM.

               BY ADV. SRI.AJITH KRISHNAN

RESPONDENTS:

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

      2        SECRETARY TO GOVERNMENT,
               PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      3        THE CHIEF ELECTRICAL ENGINEER,
               PWD ELECTRICAL WING, PUBLIC OFFICE,
               THIRUVANANTHAPURAM - 695 033.

      4        THE EXECUTIVE ENGINEER,
               PWD ELECTRICAL DIVISION, PMG, VIKAS BHAVAN P.O.,
               THIRUVANANTHAPURAM - 695 033.

      5        THE ASSISTANT EXECUTIVE ENGINEER,
               PWD ELECTRICAL SUB DIVISION, ALAPPUZHA - 689 645.

      6        THE DIRECTOR,
               INSTITUTE OF HUMAN, RESOURCES AND DEVELOPMENT, POOJA
               TOWERS, VAZHUTHACAUD,
               THIRUVANANTHAPURAM - 695 014.
 WP(C).No.57 OF 2021(F)

                               2

      7      THE PRINCIPAL,
             INSTITUTE OF HUMAN RESOURCES AND DEVELOPMENT,
             COLLEGE OF ENGINEERING, PALLIPURAM,
             CHERTHALA - 688 541.

      8      THE SECRETARY TO GOVERNMENT
             HIGHER EDUCATION DEPARTMENT,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM - 695 001.

             BY ADV. SRI.DEEPU THANKAN, SC, IHRD
                     SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.57 OF 2021(F)

                                    3

                                JUDGMENT

The petitioner is a contractor, who

had carried out electrical works in the

College of Engineering, Pallipuram,

Cherthala, under the 6th respondent after

executing Ext.P2 agreement. The work was

awarded pursuant to Ext.P1 for which

Technical Sanction was granted by the 3rd

respondent as per Ext.P3.

2. It is stated that though the

petitioner completed the work in 2017

itself, a sum of Rs.7,79,182/- is yet to be

paid. Petitioner claims GST also.

3. The 6th respondent has filed a

counter affidavit stating that

administrative sanction for the construction

of the department block for 6 Engineering

Colleges under IHRD including the College at

Cherthala was granted by Government as per WP(C).No.57 OF 2021(F)

order dated 07.08.2012. It is stated that a

sum of Rs.36,07,000/- was deposited with the

Executive Engineer, PWD for electrification

work in the College of Engineering,

Cherthala where the petitioner has

undertaken the work. It is stated that later

it was reported that a sum of Rs.43,50,548/-

was required and a sum of Rs.7,79,182/- has

to be paid to the Contractor and that has

to be deposited by the IHRD. For this

purpose, the 6th respondent has, as per

Exts.R6(a), (b) and (c) letters dated

01.03.2019, 02.08.2019 and 18.01.2021

requested the Government to sanction the

said balance amount for depositing the same

with the PWD. The 6th respondent submits that

there is no response to these letters from

the Government.

4. The learned Government Pleader WP(C).No.57 OF 2021(F)

submits that Government will take

appropriate action on those letters.

Therefore the writ petition is

disposed of with a direction to the 8th

respondent to consider the request made by

the 6th respondent in Exts.R6(a), (b) and (c)

for sanctioning the balance amount for

payment to the petitioner and to take

appropriate action for sanctioning the same,

within a period of three weeks from the date

of receipt of a copy of the judgment. On

receiving the orders according sanction from

the Government, the 6th respondent shall take

expeditious action for depositing the same

with PWD, Electrical division so as to

enable the payment to the petitioner, within

a period of another three weeks.

Sd/-

                                                   P.V.ASHA
     WW                                             JUDGE
 WP(C).No.57 OF 2021(F)






                          APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE RELEVANT PAGES OF THE

TENDER SCHEDULE OF THE WORK ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE AGREEMENT NO.EL3/08/CEE/2017-18, DATED 10.05.2017.

EXHIBIT P3 TRUE COPY OF THE TECHNICAL SANCTION ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE WORK DETAILS ISSUED BY THE 3RD RESPONDENT TO 6TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 15.10.2020, SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS.

RESPONDENTS' EXHIBITS:

EXHIBIT R6(A) A TRUE COPY OF THE REQUEST DATED 1/3/2019 R6 TO GOVERNMENT.

EXHIBIT R6(B) A TRUE COPY OF THE REQUEST DATED 2/8/2019 R6 TO GOVERNMENT.

EXHIBIT R6(C) A TRUE COPY OF THE REQUEST DATED 18/1/2021 R6 TO GOVERNMENT.