Sitco Associates vs Kerala Academy For Skills ...
2021 Latest Caselaw 936 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                         WP(C).No.669 OF 2021


PETITIONER:

               SITCO ASSOCIATES,
               HEAVENLY PLAZA, 6TH FLOOR, CS 6, D.NO.11/275-J 121,
               VAZHAKKALA, THRIKKAKARA P.O., KAKKANAD, KOCHI - 21,
               REPRESENTED BY ITS MANAGING PARTNER, M.P.SIDHEEK,
               S/O.PAREEKUNJU, AGED 53 YEARS, MATHRAKKAT HOUSE,
               PINARMUNDA, PERINGALA P.O.,
               ERNAKULAM DISTRICT, PIN - 683 565.

               BY ADVS.
               SRI.BABU JOSEPH KURUVATHAZHA
               SMT.K.S.ARCHANA

RESPONDENTS:

      1        KERALA ACADEMY FOR SKILLS EXCELLENCE (KASE),
               3RD FLOOR, CARMEL TOWER, TC NO.15/1037(24),
               VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      2        KERALA IRRIGATION INSTFRASTRUCTURE DEVELOPMENT
               CORPORATION (KIIDC) LIMITED, EANCHAKKAL,
               THIRUVANANTHAPURAM - 695 024,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      3        PRINCIPAL,
               GOVERNMENT ITI, CHALAKUDY, CHALAKUDY P.O.,
               THRISSUR DISTRICT, PIN - 680 307.

               BY ADV. SMT.PRINCY XAVIER, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.669 OF 2021

                                       2

                                  JUDGMENT

The petitioner, who was awarded the work

of upgradation of Government IIT, Chalakudy,

pursuant to Ext.P1 selection notice states that

though Ext.P2 agreement was executed on 28.10.2020,

there were further meetings in which it was found

that the work cannot be commenced except after

carrying out certain other works by the

respondents.

2. It is stated that a meeting was convened

in November, 2020 in which the Principal was

directed to arrange the facilities, even now the

position continues to be the same. Therefore it is

stated that petitioner had submitted

representations Exts.P4 and P5 before the 1st

respondent requesting for revision of the estimate

taking note of the site conditions.

3. The learned counsel for the petitioner

submits that the petitioner would be satisfied with

a direction to the 1st respondent to consider the

said representations.

WP(C).No.669 OF 2021

Therefore the writ petition is disposed

of with a direction to the 1st respondent to take

a decision on Ext.P5 representation, after

affording an opportunity of hearing to petitioner

as well as the respondents 2 and 3, as

expeditiously as possible, at any rate within a

period of three weeks from the date of receipt of

a copy of the judgment. Sd/-

P.V.ASHA JUDGE ww WP(C).No.669 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE DATED 7.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT, PERTAINING TO THE EXECUTION OF THE AGREEMENT NO.KASE-1019/2020-EXE-2-1 (20-21) DATED 28.10.2020.

EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 23.11.2020.

EXHIBIT P3(A) TRUE COPY OF THE LETTER DATED 27.11.2020 OF THE 3RD RESPONDENT FORWARDED TO THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 30.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 14.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.