K.P.Joy vs Government Of India
2021 Latest Caselaw 949 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.623 OF 2021(C)


PETITIONER:

               K.P.JOY,
               AGED 62 YEARS,
               S/O. K.P. PAULO, CONTRACTOR,
               KOORAN KALLOOKKARAN HOUSE, PEECHANIKKAD,
               PULIYANAM P.O, ANGAMALY, ERNAKULAM DISTRICT.

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

RESPONDENTS:

      1        GOVERNMENT OF INDIA,
               REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE,
               DEPARTMENT OF EXPENDITURE, 512, LOK NAYAK BHAWAN, NEW
               DELHI - 110003.

      2        THE KERALA LAND DEVELOPMENT CORPORATION LIMITED,
               T.C.11/570, MUSEUM - BAINS COMPOUND ROAD, PMG,
               THIRUVANANTHAPURAM - 695003,
               REPRESENTED BY ITS MANAGING DIRECTOR,

      3        THE CONSTRUCTION ENGINEER,
               KERALA LAND DEVELOPMENT CORPORATION LIMITED,
               NEAR RAMANILAYAM, CHEMPUKAVU,
               THRISSUR, PIN - 680020.

               BY ADV. SRI.G.BAIJU RAJ, SC, KLDC
                       SRI.P.VIJAYAKUMAR, ASGI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, ALONG WITH WP(C).651/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).Nos.623 & 651 OF 2021

                                  2


               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.651 OF 2021


PETITIONER:

               REJUMON VARGHESE,
               AGED 35 YEARS,
               S/O. K.P.VARGHESE, CONTRACTOR,
               KOORAN KALLOOKKARAN HOUSE, ANGAMALY SOUTH P.O.,
               ERNAKULAM DISTRICT, PIN-683573.

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

RESPONDENTS:

      1        GOVERNMENT OF INDIA,
               REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE,
               DEPARTMENT OF EXPENDITURE, 512, LOK NAYAK BHAWAN,
               NEW DELHI-110003.

      2        THE KERALA LAND DEVELOPMENT CORPORATION LIMITED,
               T.C.11/570, MUSEUM - BAINS COMPOUND ROAD, PMG,
               THIRUVANANTHAPURAM-695003,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      3        THE CONSTRUCTION ENGINEER,
               KERALA LAND DEVELOPMENT CORPORATION LIMITED,
               NEAR RAMANILAYAM, CHEMPUKAVU, THRISSUR, PIN-680020.

               BY ADVS. SRI.G.BAIJU RAJ, SC, KLDC
                        SRI.P.VIJAYA KUMAR, ASGI

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, ALONG WITH WP(C).623/2021(C), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 WP(C).Nos.623 & 651 OF 2021

                                           3


                                     JUDGMENT

Petitioners in both these cases have

been issued selection notices and are directed to

execute the agreement furnishing Performance

Guarantee as well as Additional Performance

Guarantee.

2. Relying on the Office Memorandums issued

by Government of India in Exts.P1 and P2,

petitioners claimed that there is reduction of

Performance Guarantee to 3% and Additional

Performance Guarantee is waived. Therefore

requesting for extending the benefit of the same,

petitioners in both these cases submitted

representations produced as Exts.P4 and P5.

3. The learned Standing Counsel for the

respondents 2 and 3, Sri.Baiju Raj on

instructions submitted that State Government has

already issued an order on 07.01.2021 in tune

with Exts.P1 and P2 OMs and that the

representations submitted by the petitioners WP(C).Nos.623 & 651 OF 2021

would be considered in tune with the said

Government Order and orders will be passed within

a period of two weeks.

The writ petition is accordingly

disposed of with a direction to the 3 rd respondent

to pass orders on the representations Exts.P4 and

P5 submitted by the petitioners within a period

of two weeks. The time for execution of agreement

shall be extended accordingly for a further

period of one week.

Sd/-

P.V.ASHA JUDGE ww WP(C).Nos.623 & 651 OF 2021

APPENDIX OF WP(C) 623/2021 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.11.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.11.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE SELECTION NOTICE NO. D3-

96/2020 DATED 1.2.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 4.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

WP(C).Nos.623 & 651 OF 2021

APPENDIX OF WP(C) 651/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.11.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE OFFICE MEMORANDUM DATED 12.11.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE SELECTION NOTICE NO.D4-

94/2020 DATED 23.12.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE SELECTION NOTICE NO.D3-

91/2020 DATED 1.1.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 4.1.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.