C.H.Pavithran vs State Of Kerala
2021 Latest Caselaw 7817 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.3216 OF 2021(B)


PETITIONER:

               C.H.PAVITHRAN,
               AGED 71 YEARS,
               PALAKUNNATHU HOUSE, BAKAL P.O, KASARAGOD DISTRICT.

               BY ADVS.
               SRI.P.R.VENKATESH
               SRI.G.KEERTHIVAS

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY,
               PUBLIC WORKS DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695001.

      2        ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA
               LTD.,
               2ND FLOOR, PREETHI BUILDING, M.V. ROAD, PALARIVATTOM,
               KOCHI - 682025,
               REPRESENTED BY ITS MANAGING DIRECTOR.

               BY ADVS. SRI.K.V.MANOJ KUMAR
                         SMT.VINITHA.B, GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3216 OF 2021(B)

                                    2

                              JUDGMENT

In this writ petition, petitioner

challenges Ext.P16 order. By Ext.P16,

petitioner has been asked to remit a sum of

Rs.2,38,66,220/- towards the arrears for the

period from 2017 to 31.12.2019. The

petitioner is the contractor for collecting

toll charges.

2. The learned Government Pleader as

well as the learned Standing Counsel points

out that the petitioner has not complied

with the judgment dated 29.05.2019 in W.P.

(C) Nos.2108/2019 and 2896/2019, where the

petitioner was given instalment facility.

Again the petitioner did not comply with the

judgment dated 22.12.2020 in W.P.(C)

No.28885/2020 also.

3. However, the learned counsel for the

petitioner submits that the petitioner would WP(C).No.3216 OF 2021(B)

be able to make payment of a sum of

Rs.1 crore before 15.03.2021. It is also

agreed that in case such payment could not

be made, the respondents would be free to

encash the Bank Guarantee to the tune of

Rs.1 crore. The balance payment shall be

made in another six equal monthly

instalments.

The writ petition is accordingly

disposed of, recording the submission of the

learned counsel. In case the petitioner

commits default in payment of any of the

instalments, the respondents would be free to

initiate any proceedings against the

petitioner in accordance with the terms of

agreement. Sd/-

P.V.ASHA JUDGE WW WP(C).No.3216 OF 2021(B)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF STATEMENT ISSUED BY THE RBDCK WITH REGARD TO THE PAYMENTS MADE BY THE PETITIONER UP TO 11.08.2020.

EXHIBIT P2 DETAILS OF THE BANK GUARANTEE FROM THE SOUTH INDIAN BANK.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATION OFFICER, KOYILANDY DATED 20.02.2020 TO THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF CERTIFICATE DATED 20.09.2019 ISSUED BY THE STATION OFFICER TO THE PETITIONER.

EXHIBIT P5 LEDGER ACCOUNT PERTAINING TO THE PETITIONER'S ACCOUNT FROM 1.4.2018 TO 31.03.2019 MAINTAINED BY THE 2ND RESPONDENT.

EXHIBIT P6 LEDGER ACCOUNT PERTAINING TO THE PETITIONER'S ACCOUNT FROM 1.4.2019 TO 31.03.2020 MAINTAINED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

EXHIBIT P11 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

WP(C).No.3216 OF 2021(B)

EXHIBIT P12 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

EXHIBIT P13 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

EXHIBIT P14 TRUE COPY OF NOTICE DATED 8.12.2020 ISSUED TO THE PETITIONER BY THE RBDCK TO THE PETITIONER.

EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 22.12.2020 IN WP(C) NO.28885/2020 OF THIS HON'BLE COURT.

EXHIBIT P16 TRUE COPY OF NOTICE DATED 14.01.2021 WITH A TABULAR STATEMENT SHOWING THE DETAILS FROM THE RBDCK TO THE PETITIONER.

EXHIBIT P17 TRUE COPY OF REPRESENTATION DATED 5.2.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.