K.Abdul Kareem vs State Of Kerala
2021 Latest Caselaw 1961 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.1377 OF 2021(V)


PETITIONER:

               K.ABDUL KAREEM, AGED 59 YEARS
               S/O. ABDULLA KANHIRALA, EXECUTIVE DIRECTOR, BRIDGEWAY
               ENGINEERING COMPANY (P) LTD. NO.1C,
               1ST FLOOR, STS ARCADE, BALAN K. NAIR ROAD,
               ASOKAPURAM, KOZHIKODE DISTRICT, PIN-673 006.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SRI.C.P.SIVADASAN NAIR

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SCHEDULED
               CASTES AND SCHEDULED TRIBES DEVELOPMENT DEPARTMENT,
               GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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

      3        CHIEF ENGINEER
               PUBLIC WORKS DEPARTMENT (BUILDINGS),
               PUBLIC OFFICES, OPP. MUSEUM,
               THIRUVANANTHAPURAM-695 033.

      4        KERALA STATE CONSTRUCTION CORPORATION LIMITED
               ADMINISTRATIVE OFFICE, DOOR NO.30/1521-A,
               BAY UNDER THE BRIDGE, NORTHER SIDE OF RAILWAY,
               PONNURUNNI P.O., VYTTILA, KOCHI-682 019, REPRESENTED
               BY ITS MANAGING DIRECTOR.

      5        GENERAL MANAGER
               KERALA STATE CONSTRUCTION CORPORATION LIMITED,
               ADMINISTRATIVE OFFICE, DOOR NO.30/1521-A,
               BAY UNDER THE BRIDGE, NORTHER SIDE OF RAILWAY,
               PONNURUNNI P.O., VYTTILA, KOCHI-682 019.
 WP(C).No.1377 OF 2021(V)

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      6      REGIONAL MANAGER
             KERALA STATE CONSTRUCTION CORPORATION LTD.,
             REGIONAL OFFICE, BELL MOUTH BUILDING,
             KURUPPAM ROAD, THRISSUR-680 001.

      7      PROJECT OFFICER
             SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, AGALI,
             ATTAPPADI, PALAKKAD DISTRICT, PIN-678 581.


OTHER PRESENT:

             SPL GP SRI.K.V.PRAKASH,
             SRI.K.J.GISHA, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1377 OF 2021(V)

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                         J U D G M E N T

Petitioner, who was awarded the work of

construction of Pre Metric Hostel for Boys at Sholayur

in Palakkad District as per Ext.P2 order dated

21.12.2012, is aggrieved by Ext.P15 order passed by

Government directing completion of the work at the

rate of 22% above 2010 schedule of rate, contrary to

the recommendations in Exts.P9 to P11 of the Managing

Director of the Kerala State Construction Corporation

Limited as well as the Director of Scheduled Tribes

Development Department. Aggrieved by Ext.P15 order

issued by Government, petitioner has submitted Ext.P17

representation requesting to revise the order in tune

with the recommendations made in Exts.P9 to P11 and

also the cost index in Ext.P16 series.

The writ petition is disposed of directing the

first respondent to consider and pass orders on

Ext.P17 representation after affording an opportunity WP(C).No.1377 OF 2021(V)

of hearing to the petitioner, within a period of 'one

month' from the date of receipt of a copy of the

judgment.

It is made clear that hearing can be conducted

through electronic mode.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.1377 OF 2021(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF G.O.

(MS)NO.134/2011/SCSTDD DATED 9.12.201 ISSUED BY THE GOVERNMENT.

EXHIBIT P2 TRUE COPY OF THE WORK ORDER DATED 21.12.2012 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE TO THE CONTRACTOR, ISSUED BY THE ASSISTANT PROJECT ENGINEER UNDER THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.RO/TSR/W-

31(A)/2010/616 DATED 2.9.2013 SUBMITTED BY THE 6TH RESPONDENT TO THE 7TH RESPONDENT.

EXHIBIT P4(A) TRUE COPY OF THE LETTER NO.DOP/343/2014/A1 DATED 10.2.2014 FORWARDED BY THE GEOLOGIST, PALAKKAD, TO THE 6TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 6.5.2014 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 30.10.2014 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 22.8.2015 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 19.8.2016 SUBMITTED BY THE PETITIONER WP(C).No.1377 OF 2021(V)

BEFORE THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 5.11.2016 SUBMITTED BY THE 4TH RESPONDENT TO THE DIRECTOR OF SCHEDULED TRIBE DEVELOPMENT DEPARTMENT.

EXHIBIT P10 TRUE COPY OF THE LETTER NO.D1-1746/10 DATED 12.2.2018 FORWARDED BY THE DIRECTOR OF SCHEDULED TRIBE DEVELOPMENT DEPARTMENT TO THE IST RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 4.1.2019 FORWARDED BY THE 4TH RESPONDENT TO THE DIRECTOR OF SCHEDULED TRIBE DEVELOPMENT DEPARTMENT.

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 10.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE CONTRACTORS' WORK REGISTER MAINTAINED BY THE 6TH RESPONDENT.

EXHIBIT P14 TRUE PHOTO COPY OF THE 8TH SUPPLEMENTARY AGREEMENT DATED 19.6.2019, EXTENDING THE TIME OF COMPLETION UP TO 30.9.2019.

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 27.7.2020 ISSUED BY THE IST RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.7.2014 ISSUED BY THE CENTRAL PWD UNDER THE GOVERNMENT OF INDIA.

EXHIBIT P16(A) TRUE COPY OF THE CIRCULAR DATED 15.12.2014 ISSUED BY THE CHIEF ENGINEER, P.W.D. (ROADS & BRIDGES), THIRUVANANTHAPURAM.

EXHIBIT P16(B) TRUE COPY OF THE CIRCULAR NO.CE/ADMN/PLA/1014/2005 ISSUED BY THE WP(C).No.1377 OF 2021(V)

CHIEF ENGINEER PERTAINING TO THE RATE REVISION BASED UPON DSOR (DELHI SCHEDULE OF RATES) WITH EFFECT FROM 1.8.2015.

EXHIBIT P16(C) TRUE COPY OF THE CIRCULAR DATED 31.3.2017 ISSUED BY THE CHIEF ENGINEER, P.W.D. DESIGN & ADMINISTRATION, THIRUVANANTHAPURAM.

EXHIBIT P16(D) TRUE COPY OF THE CIRCULAR DATED 19.9.2017 ISSUED BY THE CHIEF ENGINEER, P.W.D. (ROADS & BRIDGES), THIRUVANANTHAPURAM.

EXHIBIT P16(E) TRUE COPY OF THE CIRCULAR DATED 6.3.2019 ISSUED BY THE CHIEF ENGINEER, P.W.D. (ADMINISTRATION), THIRUVANANTHAPURAM.

EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 10.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.