M.I.Mohammed vs State Of Kerala
2021 Latest Caselaw 7419 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                      WP(C).No.27901 OF 2020(K)


PETITIONER:

               M.I.MOHAMMED
               AGED 59 YEARS
               GOVERNMENT CONTRACTOR,
               MANATH BUILDING,
               THRIKKAKARA P.O. KOCHI 682 021.

               BY ADVS.
               SRI.K.BABU THOMAS
               SMT.MARYKUTTY BABU

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               PUBLIC WORKS DEPARTMENT,
               SECRETARIAT,
               THIRUVANANTHAPURAM 695 001.

      2        THE PRINCIPAL,
               GOVERNMENT MEDICAL COLLEGE,
               THIRUVANANTHAPURAM 695 006.

      3        M/S. HLL LIFE CARE LTD.,
               A GOVERNMENT OF INDIA ENTERPRISES, B-14A,
               SECTOR-62, NOIDA, UTTAR PRADESH 201 307,
               REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR.

      4        THE DEPUTY VICE PRESIDENT,
               HLL BHAVANA, HLL LIFE CARE LTD.,
               HLL INFRA TECH SERVICES LTD.,
               GOLDEN JUBILEE BLOCK,
               POOJAPPURA P.O.
               THIRUVANANTHAPURAM 695 012.

      5        THE ENGINEER IN CHARGE,
               HLL BHAVAN, HLL LIFE CARE LTD.,
               HLL INFRA TECH SERVICES LTD.,
 WP(C).No.27901 OF 2020(K)

                               2

             GOLDEN JUBILEE BLOCK,
             POOJAPPURA P.O.,
             THIRUVANANTHAPURAM 695 012.

             BY ADV. SRI.K.JAJU BABU (SR.)
             BY ADV. SMT.M.U.VIJAYALAKSHMI
             BY ADV. KUM.T.S.ATHIRA

OTHER PRESENT:

             SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27901 OF 2020(K)

                                     3




                           J U D G M E N T

Petitioner, who is a Contractor, is aggrieved

by the delay in issuing the completion certificate

in respect of Construction of Multidisciplinary

Research Laboratory and Animal House at Medical

College, Thiruvanathapuram covered by agreement

No.KLL/ID/C&M/TMC-AH/2010-13 dated 31.07.2013

despite Ext.P2 letter of the 3 rd respondent in which

they have stated that the building was taken over on

20.03.2019 and handed over to the client on the same

day. Since the completion certificate was not

issued, petitioner submitted Exts.P3 and P4

representations before the 5 th and 3rd respondents.

Petitioner has got a claim that the construction was

completed on 15.05.2018.

2. However the date of completion is under

dispute and it is stated to be one of the issues

arising under consideration in Arbitration Case WP(C).No.27901 OF 2020(K)

No.2/2020.

3. Heard Sri.Babu Thomas, the learned counsel

for the petitioner and the Sri.Jaju Babu, learned

Senior Counsel for respondents 3 to 5.

According to the respondents the date of

completion of the building is 20.03.2019. Therefore

since the petitioner's grievance is over the delay

in issuance of completion certificate and there is

no dispute with respect to the date of completion at

least as on 20.03.2019, the writ petition is

disposed of directing the 3rd respondent to issue

completion certificate with the admitted date namely

20.03.2019. Petitioner's dispute over the date would

be subject to the decision to be taken in the

Arbitration Case.

Sd/-

P.V.ASHA, JUDGE AS WP(C).No.27901 OF 2020(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON. COURT IN WPC NO.36322 OF 2018 DATED 14.12.2018.

EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGEMENT FOR TAKEOVER OF THE COMPLETED BUILDING ON 20.3.20219, DATED 2.4.2019.

EXHIBIT P3 TRUE COPY OF REPRESENTATION OF THE PETITIONER FOR COMPLETION CERTIFICATE DATED 22.3.2019.

EXHIBIT P4 TRUE COPY OF REPRESENTATION OF THE PETITIONER SEEKING COMPLETION CERTIFICATE, DATED 25.9.2020.