O.P. Pathrose & Co. vs State Of Kerala
2021 Latest Caselaw 1080 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                         WP(C).No.798 OF 2021

PETITIONER:

               O.P. PATHROSE & CO., OMBALAYIL BUILDINGS,
               KOLENCHERRY, ERNAKULAM DISTRICT, PIN CODE-682311,
               REPRESENTED BY THE MANAGING PARTNER,
               NIBU PETER, AGED 47 YEARS,
               RESIDING AT OMBALAYIL HOUSE, KOLENCHERRY,
               ERNAKULAM DISTRICT.

               BY ADVS.
               SRI.K.S.BABU
               SMT.N.SUDHA
               SRI.BABU SHANKAR

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY IT'S SECRETARY TO PUBLIC WORKS
               DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

      2        THE CHIEF ENGINEER,
               PUBLIC WORKS DEPARTMENT, ROADS DIVISION,
               PUBLIC OFFICE, THIRUVANANTHAPURAM, PIN-695001.

      3        THE SUPERINTENDING ENGINEER,
               OFFICE OF THE SUPERINTENDING ENGINEER,
               PWD (R & B), CENTRAL CIRCLE, ALUVA-683 101,
               ERNAKULAM.

      4        EXECUTIVE ENGINEER
               PWD ROADS DIVISION, MUVATTUPUZHA-686 661.

      5        ASSISTANT EXECUTIVE ENGINEER,
               PWD ROADS SUB DIVISION, KOTHAMANGALAM-686 691.

      6        ASSISTANT ENGINEER,
               PWD ROADS SECTION, KOTHAMANGALAM-686 691.

               BY ADV. SMT.VINITHA.B, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.798 OF 2021(Y)

                                        2


                                  JUDGMENT

Aggrieved by Ext.P10 order directing

cancellation of the work awarded to petitioner at

the risk and cost, the petitioner has approached

the Government with Ext.P15 representation.

2. The case of the petitioner is that

petitioner could not carry out the work because

of the inaction on the part of the respondents in

providing the site. It is also the case of the

petitioner that the respondents 2 to 6 had

recommended foreclosure of the agreement without

risk and cost taking note of the inability of the

respondents in providing the facilities for

carrying out the work. It is also pointed out

that even after the order Ext.P10, Ext.P11

request was made before the Chief Engineer by the

Superintending Engineer.

Since the petitioner has pointed out all

these aspects before the Government in Ext.P15

representation, the writ petition is disposed of WP(C).No.798 OF 2021(Y)

directing the 1st respondent to consider the same

after affording an opportunity of hearing to

petitioner taking note of the recommendations

made by the respondents 2 to 6. The decision

shall be taken after hearing the petitioner

within a period of two weeks. It is made clear

that the hearing can be held through electronic

mode. Till such time, no coercive action shall be

taken against the petitioner. Sd/-

P.V.ASHA JUDGE ww WP(C).No.798 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF AGREEMENT NO.64/SECCA/ 2018-2019 DATED 12.11.2018.

EXHIBIT P2 THE TRUE COPY OF LETTER DATED 13.05.2019 ISSUED BY THE 5TH RESPONDENT TO 4TH RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF LETTER DATED 02.09.2019 SUBMITTED BY THE 3RD RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF LETTER DATED 06.09.2019 ISSUED BY PETITIONER TO THE 6TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED 12.11.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE LETTER DATED 18/11/2019 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 13.02.2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 16.01.2020 ISSUED BY THE 4TH RESPONDENT TO 3RD RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE LETTER DATED 18.05.2020 ISSUED BY THE 2ND RESPONDENT TO THE ADDITIONAL SECRETARY, PWD, GOVERNMENT OF KERALA TO FORECLOSE THE AGREEMENT WITHOUT ANY RISK AND COST.

EXHIBIT P10 THE TRUE COPY OF THE LETTER DATED 24.09.2020 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

WP(C).No.798 OF 2021(Y)

EXHIBIT P11 THE TRUE COPY OF THE LETTER DATED 28/09/202O ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P12 THE TRUE COPY OF THE TREASURY SAVING FIXED DEPOSIT CERTIFICATE JK NO.224101- 799010500555233 DATED 12.11.2018 OF THE SUB TREASURY, KOLENCHERY.

EXHIBIT P13 THE TRUE COPY OF THE BANK GUARANTEE NO.

IBG91723/2018 FOR RS.8,81,400/- (RUPEES EIGHT LAKH EIGHTY ONE THOUSAND FOUR HUNDRED ONLY) ISSUED BY THE FEDERAL BANK LTD., KOLENCHERY.

EXHIBIT P14 THE TRUE COPY OF THE BANK GUARANTEE NO.

IBG91722/2018 FOR RS.22,33,320/- (RUPEES TWENTY TWO LAKH THIRTY THREE THOUSAND THREE HUNDRED AND TWENTY ONLY)

EXHIBIT P15 THE TRUE COPY OF THE LETTER DATED 21.11.2020 ISSUED BY THE PETITIONER TO THE RESPONDENTS 1 TO 3.

EXHIBIT P16 THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF THE RESPONDENT NO.1.

EXHIBIT P16(A) THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF THE RESPONDENT NO.2.

EXHIBIT P16(B) THE TRUE COPY OF THE RECEIPT OF ACKNOWLEDGMENT OF THE RESPONDENT NO.3.

EXHIBIT P17 THE TRUE COPY OF THE LETTER DATED 07.12.2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.