George Elias And Association vs State Of Kerala
2021 Latest Caselaw 12841 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
                        WP(C) NO. 11756 OF 2021
PETITIONER/S:

          GEORGE ELIAS AND ASSOCIATES, A PARTNERSHIP FIRM, HAVING
          ITS REGISTERED OFFICER AT: EDAYATH, AYAVANA,
          MUVATTUPUZHA, ERNAKULAM DISTRICT - REPRESENTED BY ITS
          MANAGING PARTNER - MR. GEORGE ELIAS

          BY ADV V.PHILIP MATHEW


RESPONDENT/S:

    1.    STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL
          SECREATARY, DEPARTMENT OF LOCAL SELF GOVERNMENT
          DEPARTMENT, KERALA GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695001


    2.    KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, 5TH FLOOR,
          SWARAJ BHAVAN, NANTHANCODE, KOWIDAR P.O.,
          THIRUVANANTHAPURAM - 695001, REPRESENTED BY ITS CHIEF
          ENGINEER
    3.
          THE CHIEF ENGINEER, KERALA STATE RURAL ROADS
          DEVELOPMENT AGENCY, 5TH FLOOR, SWARAJ BHAVAN,
          NANTHANCODE, KOWIDAR P.O., THIRUVANANTHAPURAM - 695001
    4.
          THE STATE SUPERINTENDING ENGINEER, KERALA STATE RURAL
          ROADS DEVELOPMENT AGENCY, 5TH FLOOR, SWARAJ BHAVAN,
          NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM - 695001
    5.
          THE EXECUTIVE ENGINEER, PMGSY, PROGRAMME IMPLEMENTATION
          UNIT (PIU), DISTRICT PANCHAYAT, PAINAVU P.O., IDUKKI -
          685603
    6.
          THE ASSISTANT EXECUTIVE ENGINEER, PMGSY, PROGRAMME
          IMPLEMENTATION UNIT (PIU), DISTRICT PANCHAYAT, PAINAVU
          P.O., IDUKKI - 685603.

          BY SMT. VIDYA A.C., GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11756 OF 2021
                                    -2-




                                  JUDGMENT

This writ petition has been filed by a partnership firm seeking for a

direction commanding the respondents to relieve the petitioner from doing

the work (PMGSY 2013-2014 [Phase VIII] Package No.Kr-03-65, Adimaly

Block Idukki District including maintenance for five years after construction)

which was awarded to the petitioner in the year 2014. According to learned

Counsel for the petitioner, perusal of Ext.P14 communication from the Chief

Engineer, Kerala State Rural Roads Development Agency, to the Additional

Chief Secretary, Public Works Department, shows that the contractor cannot

be blamed in any manner for delay in completing the work allotted to him.

2. Today, when the matter is taken up for consideration, learned

Government Pleader seeks time to obtain instructions. However, learned

Counsel for the petitioner submits that he would be satisfied if a direction is

issued to the 1st respondent to take a final decision on Ext.P14 within a time to

be fixed by this Court.

3. Considering the limited nature of relief sought for by the learned

Counsel for the petitioner, this writ petition is disposed of, directing the 1 st

respondent to consider Ext.P14 and take a decision thereon, within a period WP(C) NO. 11756 OF 2021

of three months from the date of receipt of a copy of this judgment. If any

clarification is required from the petitioner, such clarification can be obtained

by arranging a video conferencing through an appropriate platform.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE

uu 10.06.2021 WP(C) NO. 11756 OF 2021

APPENDIX

PETITIONER EXHIBITS:

EXHIBIT P1 COPY OF COMMUNICATION NO.ENGG (DB3) 854/3/2014/KSRRDA DATED 25.02.2014 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER (WITHOUT ATTACHMENT)

EXHIBIT P2 COPY OF AGREEMENT NO.110/SE-KSRRDA/2013-14 DATED 05.03.2014 ALONG WITH MEMORANDUM OF WORKS TENDERED

EXHIBIT P3 COPY OF RELEVANT PAGES OF REVISED ESTIMATED DATED 03.03.2015 SUBMITTED BY THE ACCREDITED ENGINEER, PMGSY, ADIMALY TO THE 6TH RESPONDENT

EXHIBIT P4 COPY OF ORDER NO.ENGG (DB3) 854/2014/KSRRDA DATED 24.11.2015 PASSED BY THE 4TH RESPONDENT WITH REGARD TO EXTENSION OF TIME

EXHIBIT P5 COPY OF REPRESENTATION DATED 29.03.2016 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT

EXHIBIT P6 COPY OF COMMUNICATION NO.03/65/2017 DATED 14.02.2017 ISSUED BY THE 5TH RESPONDENT TO THE THIRD RESPONDENT

EXHIBIT P7 COPY OF COMMUNICATION NO.ENGG (DB3) 854/2014/KSRRDA DATED 26.05.2017 ISSUED BY THE 3RD RESPONDENT TO THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT RESPONDENT

EXHIBIT P8 COPY OF G.R.(Rt)NO.991/2018/LSGD DATED 09.04.2018

EXHIBIT P9 COPY OF REPRESENTATION DATED 13.08.2018 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT

EXHIBIT P10 COPY OF REPRESENTATION DATED 15.11.2018 SENT WP(C) NO. 11756 OF 2021

BY THE PETITIONER TO THE THIRD RESPONDENT ALONG WITH ACKNOWLEDGMENT CARD

EXHIBIT P11 COPY OF REPRESENTATION DATED 26.01.2019 SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT

EXHIBIT P12 COPY OF REPRESENTATION DATED 08.04.2019 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT

EXHIBIT P13 COPY OF REPORT DATED 22.04.2019 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 4TH RESPONDENT

EXHIBIT P14 COPY OF COMMUNICATION NO.854/2014/KSRRDA DATED 18.06.2019 ISSUED BY THE THIRD RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT.

COPY OF REPRESENTATION DATED 17.09.2020 EXHIBIT P15 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT