Kerala High Court
Shaji N.R. vs The Kochi Corporation on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 28TH DAY OF JANUARY 2021/8TH MAGHA, 1942
WP(C).No.26770 OF 2019(U)
PETITIONER:
SHAJI N.R., AGED 52 YEARS,
S/O. N. K. RAJAN, NANIYATTIL HOUSE,
OPPOSITE TO CIVIL STATION, KAKKANAD,
KOCHI - 682 030.
BY ADV. SRI.RAVI KRISHNAN
ADV. SRI. ALEX M. SCARIA APPEARS IN COURT
RESPONDENTS:
1 THE KOCHI CORPORATION, PARK AVENUE ROAD,
MARINE DRIVE, KOCHI, KERALA - 682 011,
REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY, KOCHI CORPORATION,
PARK AVENUE ROAD, MARINE DRIVE,
KOCHI, KERALA - 682 011.
R1-R2 BY SRI.P.FAZIL,SC, KOCHI CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.26770/2019
2
JUDGMENT
Dated this the 28th day of January, 2021
The petitioner who is a Civil Contractor is before this
Court seeking to direct the 2nd respondent Secretary, Kochi
Corporation to process Ext.P1 statement as per Ext.P2 and
to make payment within a time frame to be fixed by this
Court.
2. The petitioner had undertaken beautification
work of M.G. Road, Ernakulam. According to the petitioner,
he had completed the work on time. However, the claim
made by the petitioner as per Ext.P1 dated 25.12.2018, has
not been honoured by the respondents so far. The
representations submitted by the petitioner remain
unheeded. In such circumstances, the petitioner is before
this Court.
3. The respondents resisted the writ petition filing
counter affidavit dated 28.10.2019. In the counter affidavit,
WP(C)No.26770/2019
the respondents have taken a stand that the petitioner has
not satisfactorily completed the work.
4. I have heard the learned counsel for the
petitioner and the learned Standing Counsel appearing for
the respondents.
5. As regards the completion of work by the
petitioner, the learned Standing Counsel raised certain
minor defects in the work, which are three in number:
(a) Defects noted in chequred precast tiles near
Medical Trust Hospital.
(b) Concrete works not finished near Jackson
Furniture Shop.
(c) Sufficient weep holes for draining water to the
drainage during rainy season were not provided.
6. In response to the said alleged defects, the
petitioner would contend that the precast tiles laid on the
foot path in front of the car parking of Medical Trust Hospital
were damaged due to the plying of heavy vehicles to the
WP(C)No.26770/2019
premises of the Medical Trust Hospital. The Corporation
Authorities themselves had sent notice to the Medical Trust
Hospital in this regard.
7. As regards the unfinished concrete work near
Jacson Furniture Shop, the learned counsel for the
petitioner pointed out that the work has already been
completed as directed by the Authorities of the Corporation
and the Corporation has now taken a stand that it has to be
altered to make the foot path pedestrian-friendly. At the
time of original construction, the petitioner was required by
the officials of the Corporation to construct the foot path in
such a way to prevent two wheelers from entering the foot
path.
8. Respondents have a further case that sufficient
weep holes for draining water to the drainage were not
provided by the petitioner. The petitioner on the other hand
would contend that the petitioner had provided weep holes
almost at every gap of 10 metres.
WP(C)No.26770/2019
9. Outstanding payable to the petitioner is about
`58,11,706/-, according to the petitioner. The defects
pointed out are of minor nature involving no substantial
expenses.
10. The learned Standing Counsel representing the
respondents submitted that if the petitioner make good
effort to cure the defects pointed out in front of Medical
Trust Hospital and effect alterations in the foot path in
Jacson Furniture Shop so as to make it pedestrian-friendly,
the respondents are willing to process Ext.P1 and make
payment to the petitioner expeditiously. According to the
respondents, the requirement of weep holes does not exist
now.
11. The learned counsel for the petitioner would
submit that the defects now pointed out by the respondents,
were not pointed out within the defect liability period and
further the bills in respect of the work where the defects are
now pointed out, was already settled.
WP(C)No.26770/2019
As the bill amount claimed by the petitioner is
substantial and as the petitioner has expressed readiness
to make good the two minor defects indicated above soon,
this Court deem it fit to dispose of the writ petition with the
following directions:
(i) The petitioner shall cure the defects noted in
chequred pre-cast tiles near Medical Trust Hospital and do
the concrete work near Jacson Furniture Shop so as to
make the foot path pedestrian friendly.
(ii) As regards weep holes, as on date, no requirement
of weep holes are necessary. It is agreed by either side.
(iii) The petitioner shall complete the work within a
period of two weeks. The respondents are directed to
release 50% of the amount due to the petitioner within a
period of three weeks and the balance amount on or before
31.03.2021. Sd/-
N. NAGARESH
JUDGE
ncd
WP(C)No.26770/2019
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BILL SUBMITTED BY THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 19.09.2019
EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED IN
ACCEPTANCE OF EXHIBIT P2.
(EXT.P3 PRODUCED ALONG WITH THE WRIT
PETITION IS RENUMBERED AS EXT.P2(a) AS
PER ORDER DATED 8.10.2020 IN IA NO.4/2020
IN W.P.(C) 26770/2019.
WP(C)No.26770/2019
EXHIBIT P3(a) A TRUE COPY OF THE M BOOK IN FOUR
PARTS SUBMITTED TO THE ASSISTANT
ENGINEER
EXHIBIT P4 A TRUE COPY OF THE RELEVANT PAGES OF
THE AGREEMENT BY WHICH THE WORK WAS
UNDERTAKEN BY THE PETITIONER
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION
DATED 14.11.2017
EXHIBIT P6 TRUE COPY OF THE LETTER DATED
05/12/2017
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
07/08/2019
EXHIBIT P8 TRUE COPY OF THE RECEIPT OF EXHIBIT P7
REPRESENTATION
EXHIBIT P9 THE ORIGINAL OF THE COVER IN WHICH
EXHIBIT R1(b) RECEIVED BY THE
PETITIONER
EXHIBIT P10 A TRUE COPY OF THE REPLY SENT BY THE
PETITIONER DATED 12/11/2019
EXHIBIT P11 TRUE COPIES OF THE PHOTOGRAPHS
RESPONDENTS' EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF LETTER NO.MOJ3/28179/15
DATED 04.01.2019 ISSUED TO THE
PETITIONER BY THE EXECUTIVE ENGINEER
OF THE RESPONDENTS
EXHIBIT R1(b) THE TRUE COPY OF LETTER
NO.ISO/MOE6/24121/19 DATED 09.10.2019
ISSUED TO THE PETITIONER BY THE
EXECUTIVE ENGINEER.
