K.Suresh Kumar vs Bharat Sanchar Nigam Limited ...
2021 Latest Caselaw 12738 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 4TH DAY OF JUNE 2021 / 14TH JYAISHTA, 1943
                    WP(C) NO. 11843 OF 2021
PETITIONER:
0



           K.SURESH KUMAR,
           AGED 49 YEARS,
           SON OF KUTTAN PILLAI,
           PROPRIETOR, SABARI ELECTRICALS & ENGINEERING,
           CHEMPAZHANTHI P.O.,
           THIRUVANANTHAPURAM - 695587

           BY ADVS.
           K.L.NARASIMHAN
           A.MOHAMMED FAISEL
           N.KRISHNA PRASAD
           DEEPAK VARUGHESE MATHEW


RESPONDENTS:

1          BHARAT SANCHAR NIGAM LIMITED (BSNL),
           BHARATH SANCHAR BHAVAN,
           HAREESH CHANDRA MATHUR LANE,
           JANPATH, NEW DELHI - 110 001,
           REPRESENTED BY ITS CHAIRMAN AND
           MANAGING DIRECTOR.

2          THE CHIEF GENERAL MANAGER, BSNL,
           BSNL BHAVAN, PMG JUNCTION,
           THIRUVANANTHAPURAM-695 035

3          THE EXECUTIVE ENGINEER (ELECTRICAL),
           BSNL ELECTRICAL DIVISION,
           GOVERNMENT PRESS ROAD,
           THIRUVANANTHAPURAM - 695 001

           SRI.MATHEW K PHILIP

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 04.06.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11843/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 4th day of June, 2021

The petitioner, a registered Electrical Contractor, is

before this Court, seeking to command respondents 2 and 3

to consider Ext.P6 and pass appropriate orders in the matter

after affording an opportunity of hearing to the petitioner as

expeditiously as possible.

2. The petitioner states that the 3 rd respondent-

Executive Engineer (Electrical), BSNL invited offers for the

operation of pump sets and comprehensive maintenance of

electro-mechanical items in the staff quarters of the BSNL at

Thiruvananthapuram. The offer made by the petitioner was

accepted and Ext.P1 agreement was executed on 26.12.2018.

The petitioner preferred four part bills. Measurement of the

work executed by the petitioner was taken as evidenced by

Ext.P2. It was found that an amount of ₹1,02,925/- is payable WP(C) No.11843/2021

to the petitioner. However, even the admitted amount was not

paid.

3. Subsequently, the petitioner executed Ext.P3

agreement with the respondents. Though the period of work

under Ext.P3 was only up to 29.08.2020, the petitioner

continued to provide service even thereafter till 30.11.2020,

contends the petitioner. In respect of the work under Ext.P3,

measurements are not taken even now and consequently the

amounts payable under the said work is also blocked. The

petitioner submitted Ext.P6 representation before the 2 nd and

3rd respondents. However, the amounts due remain unpaid.

4. Heard the learned counsel for the petitioner and the

learned Standing Counsel for the respondents.

5. Award of work to the petitioner under Exts.P1 and

P3 is not under dispute. The petitioner contends that he has

executed certain work pursuant to Exts.P1 and P3 and

payments are due to the petitioner. In the circumstances,

there is no reason why Ext P6 representation made by the

petitioner should not be considered by the respondents. WP(C) No.11843/2021

The writ petition is therefore disposed of directing

the 2nd respondent or any other officer authorised by him to

consider Ex.P6 representation filed by the petitioner and take

a decision thereon, within a period of 10 weeks.

Sd/-

N. NAGARESH, JUDGE

aks/09.06.2021 WP(C) No.11843/2021

APPENDIX

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AGREEMENT NO:79/EDT/2018-19 DATED 26.12.2018 ENTERED BETWEEN PETITIONER AND THE THIRD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE IV RA BILL EXTRACT DATED 31.12.2019.

EXHIBIT P3 TRUE COPY OF AGREEMENT NO:24/EDT/2019-

20 DATED 20.08.2019 ENTERED BETWEEN THE PETITIONER AND THE THIRD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 30.11.2020 SUBMITTED BEFORE THE THIRD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE INVOICE DATED 01.01.2020 ONCE AGAIN MADE AVAILABLE WITH Ext.P4 EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 27.04.2021 SUBMITTED BY THE PETITIONER BEFORE THE SECOND AND THIRD RESPONDENTS.

SR