T.A Abdul Rahiman vs The Project Director
2021 Latest Caselaw 12436 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

      FRIDAY, THE 14TH DAY OF MAY 2021 / 24TH VAISAKHA, 1943

                       WP(C).No.10838 OF 2021(D)

PETITIONER/S:

      1         T.A ABDUL RAHIMAN
                AGED 69 YEARS
                PWD CONTRACTOR, S/O. MAHIN HAJI, RESIDING AT JASMIN
                HOUSE, POST THEKKIL-671 541, KASARGOD DISTRICT,
                KERALA.

      2         MUHAMMED JANIF T.A.,
                AGED 38 YEARS
                S/O. T.A.ABDUL RAHIMAN, RESIDING AT JASMIN HOUSE,
                POST THEKKIL-671 541, CHATTANCHAL, KASARGOD DISTRICT,
                KERALA.

                BY ADVS.
                SRI.T.ASAFALI
                SMT.LALIZA.T.Y.
RESPONDENT/S:

      1         THE PROJECT DIRECTOR
                PROJECT MANAGEMENT UNIT (PMU-KRFB), TC 4/1654,
                MAYOORAM NO.7, BELHAVEN ROAD, KOWDIAR,
                THIRUVANANTHAPURAM-695003.

      2         THE CHIEF EXECUTIVE OFFICER,
                KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB),
                2ND FLOOR, M.G.ROAD, STATUTE, PALAYAM,
                THIRUVANANTHAPURAM-695001.

      3         THE EXECUTIVE ENGINEER,
                PWD ROADS DIVISION, OFFICE OF THE EXECUTIVE ENGINEER
                PWD ROADS DIVISION, KANNUR-670003, KERALA.

      4         STATE OF KERALA,
                REP. BY SECRETARY TO GOVERNMENT, PUBLIC WORKS
                DEPARTMENT, GOVT. OF KERALA, SECRETARIAT,
                THIRUVANANTHAPURAM-695001.


OTHER PRESENT:
             MABLE C KURIAN (GP), NEENA NARAYANAN (SC)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10838 OF 2021(D)

                                        2




                              JUDGMENT

Dated this the 14th day of May 2021

This writ petition has been filed seeking the following reliefs:

i) to call for the records relating to Exhibit P10 communication dated 21st April 2021 vide No.111/PWD004- 118/PD004-118/PD/PMUKRFB/137R/KNR/2017 issued by the 1st respondent, and a Writ of mandamus or any other appropriate writ or order may be issued directing the 1st respondent to consider Exhibit P8, Part bill and sanction the amount claimed therewith to the 2nd respondent on the strength of Exhibit P3 Power of Attorney, which has been accepted by the 1st respondent as per Exhibit P4 order within the time frame fixed by this Hon'ble Court ;

ii) to declare that Exhibit P3 Power of Attorney, which was accepted by the 1st respondent as per Exhibit P4 Order is still in force as valid document as it was executed in terms of the stipulations contained in Exhibit P2 government order; AND

iii) to Grant such other order or direction, as this Hon'ble Court may deem fit and proper to meet the ends of justice;

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

heard the learned counsel for the petitioner and the learned Standing

Counsel appearing for the respondent.

3. The learned counsel for the petitioner states that he

confines his relief for a consideration of Ext.P8 as was done earlier in

Exts.P6 and P7. He submits that the respondents are not considering

Ext.P8 only on the ground that it has been submitted by the power of WP(C).No.10838 OF 2021(D)

attorney holder of the contractor. He would also submit that earlier

the respondents had accepted the power of attorney as is evident

from Ext.P4 proceedings. He also states that Exts.P6 and P7 are

payment orders which have been issued on the basis of bills

submitted by the power of attorney holder. In the light of the

aforesaid facts, this writ petition will stand disposed of directing the

1st respondent to consider Ext.P8 taking note of Exts.P4, P6 and P7.

Let that be done within a period of four weeks from the date of

receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

Dxy                                                           JUDGE
 WP(C).No.10838 OF 2021(D)






                            APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE AGREEMENT DATED 9TH

NOVEMBER 2018 EXECUTED BETWEEN THE 1ST PETITIONER AND THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE G.O.(P)155/75/PW DATED 28TH AUGUST 1975 TOGETHER WITH APPENDIX.

EXHIBIT P3 TRUE COPY OF POWER OF ATTORNEY DATED 13.12.2018 EXECUTED BY THE 1ST PETITIONER ON BEHALF OF THE 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE ORDER VIDE NO.111/PWD004-

118/PD/PMU-KRFB/137R/KNR/2017 DATED 18.12.2018.

EXHIBIT P5 TRUE COPY OF THE VALUATION CERTIFICATE ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, KANNUR CERTIFYING THE WORK COMPLETION AND VALUATION.

EXHIBIT P6 TRUE COPY OF THE SANCTIONING ORDER NO.111/PWD004-118/OD/PMU/137R/KNR/2017 DATED 2.4.2020.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.111/PWD004-

118/OD/PMU/137R/KNR/2017 DATED 6TH APRIL 2020.

EXHIBIT P8 TRUE COPY OF THE 2ND PART BILL WITH ALL DESCRIPTIONS DRAWN IN THE PRESCRIBED FORMAT.

EXHIBIT P9 TRUE COPY OF THE FORWARDING LETTER DATED 10.11.2020 ISSUED BY THE 3RD RESPONDENT TOGETHER WITH EXHIBIT P8 PART BILL.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 21ST APRIL 2021 VIDES NO.111/PWD004-118/PD/PMU- KRFB/137R/KNR/2017.