Raji Mathew And Co vs State Of Kerala
2021 Latest Caselaw 10390 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.6857 OF 2021(F)

PETITIONERS:
               RAJI MATHEW AND CO.,
               PAMPLANIYIL , BHARANANGANAM P.O., KOTTAYAM
               DISTRICT,PIN-686 578, REPRESENTED BY ITS MANAGING
               PARTNER, RAJI MATHEW
               BY ADVS.
               SRI.SANTHOSH MATHEW
               SRI.ARUN THOMAS
               SRI.JENNIS STEPHEN
               SRI.VIJAY V. PAUL
               SMT.KARTHIKA MARIA
               SRI.ANIL SEBASTIAN PULICKEL
               SMT.DIVYA SARA GEORGE
               SMT.JAISY ELZA JOE
               SMT.VEENA RAVEENDRAN
               SMT.SANITA SABU VARGHESE
RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
               PUBLIC WORKS, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001
      2        THE PROJECT DIRECTOR,
               PMU-KERALA ROAD FUND BOARD, SREEBALA BUILDING, TC
               26/339, 5TH FLOOR, KESTON ROAD, NANTHANCODE, KOWDIAR
               P.O., THIRUVANANTHAPURAM-695 003
      3        CHIEF EXECUTIVE OFFICER,
               KERALA INFRASTRUCTURE INVESTMENT FUND BOARD, FELICITY
               SQUARE, 2ND MAHATHMA GANDHI RD, STATUE,
               THIRUVANANTHAPURAM,KERALA-695 001
      4        EXECUTIVE ENGINEER
               ROADS DIVISION, PATHANAMTHITTA , NEAR COLLECTORATE,
               CHITTOOR,PATHANAMTHITTA -689 645

               SRI.ARUN ANTONY,SC,KSFE
               SRI.K.V.MANOJ KUMAR, SC
               SMT.PRINCY XAVIOR, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6857 OF 2021(F)

                                              2




                                      JUDGMENT

Dated this the 26th day of March 2021

The petitioner who is an A class contractor

was awarded the work "Improvement works &

providing BM & BC Madathumchal - Mukkuttuthara

Road Ch 0/000 to 31/263-67" and Ext.P2

agreement was executed on 10.05.2018.

2. The petitioner complains that the work

was to be completed within a period of 18

months. Hindrance free site for carrying out

the work has not been handed over to the

petitioner, so far. The petitioner has

submitted Ext.P5 representation before the 2nd

respondent requesting to relieve the petitioner

from the contractual obligations and also for

claiming damages or in the alternate to allow

the petitioner to complete the work at revised

rates.

3. The writ petition is therefore disposed WP(C).No.6857 OF 2021(F)

of directing the 2nd respondent to consider and

pass orders on Ext.P5 representation after

affording an opportunity of hearing to the

petitioner within a period of two months from

the date of receipt of a copy of the judgment.

It is made clear that the hearing can be held

through Electronic media.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.6857 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 27.4.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 10.5.2018 EXECUTED BETWEEN THE 2ND RESPONDENT AND THE PETITIONER FOR TE WORKS WITHOUT THE ANNXURES

EXHIBIT P3 TRUE COPY OF THE NOTICE TO PROCEED WITH THE WORK DATED 10.5.2018 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P4 TRUE COPY OF THE CONTRACT DATA AND THE GENERAL CONDITIONS OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 22.2.2021 SUBMITTED BEFORE THE 2ND RESPONDENT

RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE