Rsp Constructions vs Kerala State Mineral Development ...
2021 Latest Caselaw 425 Ker

WP(C).No.201 OF 2021(A)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

  WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                       WP(C).No.201 OF 2021(A)


PETITIONER/S:

                RSP CONSTRUCTIONS,
                OPP.CIVIL STATION, INFOPARK ROAD, KAKKANAD P.O.,
                KOCHI, ERNAKULAM REP.BY ITS PROPRIETOR, N.R.SHAJI,
                S/O.RAJAN, AGED 53 YEARS

                BY ADV. SRI.P.M.ZIRAJ

RESPONDENT/S:

      1         KERALA STATE MINERAL DEVELOPMENT CORPORATION
                LIMITED (KEMDEL)
                'THE RETREAT', TC 26/954 (OLD TC 12/36), PLAMOOD
                PALACE P.O., THIRUVANANTHAPURAM 695 010 REP.BY ITS
                MANAGING DIRECTOR

      2         THE MANAGING DIRECTOR, KERALA STATE MINERAL
                DEVELOPMENT CORPORATION LIMITED (KEMDEL), THE
                RETREAT', TC 26/954 (OLD TC 12/36), PLAMOOD PALACE
                P.O., THIRUVANANTHAPURAM 695 010


OTHER PRESENT:

                SRI.BALA MURALI,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.201 OF 2021(A)
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                                 JUDGMENT

Dated this the 6th day of January 2021

The petitioner claims that he had been working as a

Contractor under the 2nd respondent who was awarded the work of

removal of sand from various places of Malampuzha Dam and

payment is due to him. It is stated that the work was carried

out in 2010 and balance amount is payable to him. The petitioner

submits that Ext.P1 representation was submitted on 04.12.2020

requesting for payment furnishing the details of the bills.

2. I heard the learned Standing Counsel Sri.Balamurali, who

on instructions submitted that payment is already made and no

amount is payable. However, since the petitioner has submitted a

representation claiming the amount, there shall be a direction

to the 2nd respondent to consider Ext.P1 representation and to

take a decision on the same in accordance with law within a

period of two months from the date of receipt of a copy of the

judgment.

The Writ Petition is disposed of accordingly.

Sd/-

                                                            P.V.ASHA

rkc                                                          JUDGE
 WP(C).No.201 OF 2021(A)




                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE REPRESENTATION DATED

4.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT

EXHIBIT P2 TRUE COPY OF THE DETAILS OF THE BILLS SUBMITTED BY THE PETITIONER BEFORE SECOND RESPONDENT WITHOUT DATE