L.Satheek vs The Chief Engineer (P-7)
2021 Latest Caselaw 1082 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.780 OF 2021

PETITIONER:
               L.SATHEEK, AGED 64 YEARS,
               MANAGING PARTNER, K.LAKSHMANAN AND CO.,
               AKKAVILA, NO.200 SREE SARAVANA NAGAR,
               ERAVIPURAM P.O., KOLLAM-691 011.

               BY ADVS.
               SRI.K.P.DANDAPANI (SR.)
               SRI.MILLU DANDAPANI
               SRI.PREMCHAND R.NAIR

RESPONDENTS:

      1   THE CHIEF ENGINEER (P-7),
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
          TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET,
          NEW DELHI-110 001.

      2   THE REGIONAL OFFICER,
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
          OFFICE OF CHIEF ENGINEER, PWD NATIONAL HIGHWAYS, PUBLIC
          OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM-695 033.

      3   THE CHIEF ENGINEER,
          PWD NATIONAL HIGHWAYS, PUBLIC OFFICE, MUSEUM P.O.,
          THIRUVANANTHAPURAM-695 033.

      4   THE SUPERINTENDING ENGINEER,
          PWD, NATIONAL HIGHWAYS , SOUTH CIRCLE,
          OPPOSITE LOURDE CHURCH, PATTOM P.O., THIRUVANANTHAPURAM-
          695 004.

      5   THE EXECUTIVE ENGINEER,
          PWD, NATIONAL HIGHWAYS DIVISION,
          NEAR CIVIL STATION, ALAPPUZHA-688 001.

      6   THE SECRETARY TO THE PUBLIC WORKDS (D) DEPARTMENT,
          GOVERNMENT SECRETARIATE, THRIVUANANTHAPURAM-695 001.

               BY ADVS. SMT.VINITHA.B, GOVERNMENT PLEADER
                        SRI.P.VIJAYAKUMAR, ASGI

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.780 OF 2021(V)

                                   2




                                JUDGMENT

The petitioner, who had undertaken a

work of providing Bituminous concrete based on

an agreement executed on 19.11.2008 got the

final payment after several rounds of

litigation as per Ext.P13 order.

2. Claiming interest on the said amount,

petitioner has submitted Ext.P16

representation before the respondents 3 to 6.

As the final payment is seen made on

the basis of Ext.P13 order of Government, the

writ petition is disposed of directing the 6th

respondent to consider and pass orders on the

said representation, after affording an

opportunity of hearing to the petitioner,

within a period of three months from the date

of receipt of a copy of the judgment. It is

made clear that this Court has not considered WP(C).No.780 OF 2021(V)

the claim of the petitioner on merits. The

hearing can be held through electronic mode.

Sd/-

P.V.ASHA JUDGE ww WP(C).No.780 OF 2021(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION LTD.

23.3.2009, SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT WITH THE COPY TO 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE LETTER DTD 23.3.2009 OF THE 4TH RESPONDENT ADDRESSED TO 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER DTD. 25.3.2009 OF THE 4TH RESPONDENT, ADDRESSED TO THE 5TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER DTD. 19.09.2009 OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DTD. 08.10.2009 OF THE 4TH RESPONDENT ADDRESSED TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DTD.

14.3.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DTD. 10.04.2012 IN W.P.(C) NO.8915 OF 2012.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DTD.

14.4.2012 SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DTD. 10.05.2012 OF THE 1ST RESPONDENT ADDRESSED TO 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DTD 24.9.2012 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION NO.RW/NH-

120818/223/2007-KL/P7 DTD. 12.11.2012 ISSUED BY THE OFFICE OF DIRECTOR GENERAL WP(C).No.780 OF 2021(V)

(ROADS DIVISION), SPECIAL SECRETARY TO THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT DTD. 28.06.2019 IN W.P(C) NO.9380 OF 2013.

EXHIBIT P13 TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(RT) NO.518/2020/PWD DTD. 11.06.2020.

EXHIBIT P14 TRUE COPY OF THE STATEMENT OF INTEREST CHARGED BY THE BANK FROM 01.04.2010 TO 29.07.2020.

EXHIBIT P15 TRUE COPY OF THE STATEMENT OF RATE OF INTEREST CHARGED BY THE BANK FOR 01.12.2009 TO 16.09.2018.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 07.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 3 TO 6.