M/S.Heather Constructions vs Union Of India
2021 Latest Caselaw 12920 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
    MONDAY, THE 14TH DAY OF JUNE 2021 / 24TH JYAISHTA, 1943
                     WP(C) NO. 9257 OF 2020
PETITIONER/S:

          M/S.HEATHER CONSTRUCTIONS
          REPRESENTED BY ITS MANAGING DIRECTOR, T.C 9/1226,
          MANGALAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM-
          695010.
          BY ADVS.
          V.G.ARUN (K/795/2004)
          SMT.V.JAYA RAGI
          SRI.R.HARIKRISHNAN (KAMBISSERIL)
          SRI.NEERAJ NARAYAN


RESPONDENT/S:

    1     UNION OF INDIA
          REPRESENTED BY PRINCIPAL SECRETARY, MINISTRY OF
          HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA-
          110001.
    2     STATE OF KERALA,
          REPRESENTED BY PRINCIPAL SECRETARY, HEALTH-695001.
    3     SECRETARY,
          FINANCE DEPARTMENT, SECRETARIATE,
          THIRUVANANTHAPURAM, PIN-695001.
    4     STATE MISSION DIRECTOR (SMD),
          NHM, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-
          695035.
    5     THE CHIEF ENGINEER,
          NHM, STATE MISSION, GENERAL HOSPITAL JUNCTION,
          THIRUVANANTHAPURAM-695035.
    6     HSCC(INDIA) LTD.,
          DEPUTY GENERAL MANAGER, CORPORATE OFFICE, E-R(A),
          SECTOR-1, NOIDA(UP)-201301.
          BY ADVS.
          SRI.M.AJAY,SC,NATIONAL RURAL HEALTH MIS
          SMT.K.N.RAJANI
          SRI.RADHIKA RAJASEKHARAN P.
          SRI.K.P.SHIBU
          SMT.ANILA PETER
          SRI.SAJEN THAMPAN
          SRI.ANIL S.RAJ


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.9257 of 2020

                                     -2-



                               JUDGMENT

Dated this the 14th day of June, 2021

Learned Counsel for the petitioner submits

that an amount of Rs.45 lakhs has been paid today

towards the balance amount due. This is recorded.

The grievance of the petitioner having been

substantially redressed by the payment, the writ

petition is closed, leaving it open for the

petitioner to raise its grievance, if any

subsisting, before the appropriate

authority/forum.

Sd/-

V.G.ARUN JUDGE

Scl/14.06.2021 W.P.(C) No.9257 of 2020

APPENDIX OF WP(C) 9257/2020

PETITIONER ANNEXURE EXHIBIT P1 THE TRUE COPY OF NOTIFICATION OF AWARD DATED 15.01.2016 BEARING NO.HSCC/NRHM/KERALA/CHENG/2015. EXHIBIT P2 A TRUE COPY OF THE FORM OF AGREEMENT DATED 16.03.2016.

EXHIBIT P3 A TRUE COPY OF THE COMPLETION CERTIFICATE DATED 01.07.2017 ISSUED AND SIGNED BY THE 4TH RESPONDENT, COUNTER SIGNED BY SUPT/MO- SUPERINTENDENT DISTRICT HOSPITAL, CHENGANNOOR.

EXHIBIT P4 A TRUE COPY OF THE COMMUNICATION BETWEEN THE PETITIONER AND 6TH RESPONDENT DATED 23.01.2019 WITH REF NO.HSCC/NRHM/KERALA/CHENG/2015. EXHIBIT P5 A TRUE COPY OF THE LETTER NOTIFICATION FROM HSCC TO NRHM DATED 09.08.2019 WITH REF NO.HSCC/NRHM-

KRL/MCH/CHENGANNUR.

EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 23.08.2019 BEARING NO.HSCC/SAT- TVM/2016/82.

EXHIBIT P7 THE TRUE COPY OF PAYMENT ADVANCE BILL.