Kerala High Court
Nizamudeen A vs Anand Singh I A S on 2 November, 2021
Con.Case(C) No.1694/2021 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
CONTEMPT CASE(C) NO. 1694 OF 2021(S) IN WA 932/2021
PETITIONER/1ST RESPONDENT IN WA NO.932/2021:
NIZAMUDEEN. A., AGED 57 YEARS, S/O.ALIKKANNU,
THOPPIL BUILDINGS, THOLIKUZHI, ADAYAMON P.O.,
KILIMANOOR, THIRUVANANTHAPURAM - 695 001,
MANAGING DIRECTOR, M/S.THOPPIL CONTRACTORS (INDIA)
PRIVATE LIMITED, THOLIKKUZHY, ADAYAMON P.O.,
KILIMANOOR, THIRUVANANTHAPURAM.
BY ADV. SRI.AJITH KRISHNAN.
RESPONDENTS/APPELLANTS & RESPONDENTS 2 & 3 IN WA NO.932/2021:
1. ANAND SINGH IAS, PRINCIPAL SECRETARY TO GOVERNMENT, STATE OF KERALA,
PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
- 695 001.
2. AJITH RAMACHANDRAN, CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS
AND BRIDGES), PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033.
3. JYOTHI, EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS
DIVISION), P.M.G.JUNCTION, THIRUVANANTHAPURAM - 695 033.
4. SUDHA, SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS AND
BRIDGES (SC), PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033.
5. SINDU, MANAGING DIRECTOR, THE KERALA STATE CONSTRUCTION CORPORATION
LIMITED, 30/1521-A BAY UNDER THE BRIDGE, NORTHERN SIDE OF RAILWAY,
PONNURUNNI, VYTTILA, ERNAKULAM - 682 019.
6. GEETHA, REGIONAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION
LIMITED, REGIONAL OFFICE, P.W.D. STORE COMPOUND, P.M.G. JUNCTION,
THIRUVANANTHAPURAM - 695 033.
ADVS. M.RAJAGOPALAN NAIR & G.BIJU FOR R5 & R6
SRI.K.V.MANOJ KUMAR,SENIOR GOVERNMENT PLEADER FOR R1-R4
This Contempt of court case (civil) having come up for orders on
02.11.2021, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.1694/2021 2/8
S. MANIKUMAR, CJ & SHAJI P. CHALY, J.
---------------------------------------------------------
CO(C) No. 1694 of 2021
in
W.P.(C) No. 29625 of 2016
---------------------------------------------------------
Dated this the 2nd day of November, 2021.
ORDER
S. MANIKUMAR, CJ.
After hearing the learned counsel for the parties, on 22 nd
October, 2021, we passed the following order:
"After hearing the parties in W.A.No.932 of 2021, on
09.09.2021, we ordered thus:
"6. In that view of the matter, we do not think
any detailed deliberation and adjudication of the
matter is required as are sought for in the writ
appeal. Therefore, the writ appeal is disposed of
directing the appellants / the Kerala State
Construction Corporation Ltd. to issue a notice
explaining the circumstances under which the
amount of Rs.84,86,670/- became due to the
appellants and the Kerala State Construction
Corporation Ltd., secure a reply from the writ
petitioner and adjudicate the issue, within a period of
six weeks from the date of receipt of a copy of this
judgment. It is further directed that the amount of
Rs.84,86,670/- recovered from the pending bill of
work "NABARD - Impts to Vithura Peppara road from
Km.0/000 to 9/500 CC 6th part and final bill" shall be
released to the writ petitioner by the
appellants/Kerala State Construction Corporation
Ltd., within a week from the production of the bank
guarantee for the said amount by the writ petitioner
before the Kerala State Construction Corporation Ltd.
We also make it clear that all questions of facts and
law raised by the parties in the writ appeal are left
open to be adjudicated at a later point of time, if the
situation warrants."
Con.Case(C) No.1694/2021 3/8
2. Contending inter alia that the said directions had not been
implemented though Bank Guarantee has been given as early as on
30.9.2021, instant contempt case is filed.
3. Mr.K.V.Manoj Kumar, learned Senior Government
Pleader, taking notice on behalf of respondents 1 to 4 and
Mr.G.Biju, learned standing counsel, taking notice on behalf of
respondents 5 and 6, are directed to get instructions.
Post on 26.10.2021."
2. Responding to the averments in the contempt petition, the
Managing Director of Kerala State Construction Corporation Ltd., Vyttila,
Ernakulam, 5th respondent, has filed an affidavit dated 27 th October,
2021, as hereunder:
"2. It is submitted that as per Annexure B
judgment,this Hon'ble Court directed the appellants/KSCC
to issue notice explaining the circumstances under which
the amount of Rs 8486670/- become due to the appellants
and KSCC, and secure reply from writ petitioner and
adjudicate the issue within a period of six weeks from date
of receipt of copy of the judgment. It was further directed
to release the amount of Rs 8486670/- recovered from the
work by appellants/KSCC from pending bill of work
"NABARD - Impts to Vithura Peppara Road from
Km.0.000 to 9/500 CC 6th part and final bill" shall be
Con.Case(C) No.1694/2021 4/8
released to the writ petitioner by the appellants/Kerala
State Construction Corporation Ltd., within a week from
the production of Bank Guarantee for the said amount by
the writ petitioner before the Kerala State Construction
Corporation Ltd.
3. It is respectfully submitted that immediately on
receipt of Annexure-B judgment, KSCC sent letter dated
20.09.2021 to the Chief Engineer, Roads Division ,
Thiruvananthapuarm requesting to release the amount for
effecting payment to the writ petitioner without further
delay. It was also requested to issue notice explaining the
circumstances under which the amount of Rs.84,86,670/-
became due to the appellants and KSCC and to seek reply
from the writ petitioner in compliance with the direction
contained in the judgment. A copy of letter dated
20.09.2021 issued from KSCC to Chief Engineer, Roads
Division, Thiruvananthapuram is produced herewith and
marked as Annexure-R5(a).
4. It is submitted that the writ petitioner produced
Bank Guarantee having validity upto 28.12.2021 before
KSCC on 30.09.2021. On the same day KSCC
communicated the receipt of the Bank Guarantee to the
Chief Engineer, PWD Roads Division vide letter dated
30.09.2021 requesting to release the amount for effecting
payment to the writ petitioner. A copy of the letter dated
Con.Case(C) No.1694/2021 5/8
30.09.2021 sent to the Chief Engineer, PWD Roads
Division is produced herewith and marked as
Annexure-R5(b).
5. It is submitted that the Executive Engineer, PWD
Roads Division, Thiruvananthapuram sent letter dated
21.10.2021 requiring the Regional Manager, KSCC to
issue notice to the writ petitioner, secure his reply and to
adjudicate the issue immediately and to furnish a report in
the matter within a week. A copy of letter dated 21.10.2021
issued by the Executive Engineer, PWD Roads Division to
the Regional Manager, KSCC is produced herewith and
marked as Annexure-R5(c). Thereafter the Executive
Engineer sent a letter dated 23.10.2021 to the Regional
Manager, KSCC stating that Bank Guarantee has to be
furnished by KSCC in favour of PWD and asked to
forward Bank Guarantee having validity of one year in
favour of PWD to take up the matter with Government. A
copy of letter dated 23.10.2021 issued by the Executive
Engineer, PWD Roads Division to the Regional Manager,
KSCC is produced herewith and marked as
Annexure-R5(d).
6. It is respectfully submitted that as per the terms of
payment, KSCC can give payment to the writ petitioner on
receipt of the bill amount from the Department. KSCC has
informed the PWD receipt of Bank Guarantee submitted by
Con.Case(C) No.1694/2021 6/8
the writ petitioner and requested to release the amount, but
the same is not received so far.
7. It is respectfully submitted that the respondent
herein has not willfully or deliberately disobeyed or
violated the directions contained in Annexure- B judgment.
This respondent made earnest efforts to comply with the
directions contained in the judgment. I tender my
unconditional apology for the inconvenience,if any,
caused to this Hon'ble Court. This respondent always have
due respect to the orders passed by this Court and will
always act to uphold the majesty of this Court."
3. On this day, when the matter came up for further hearing,
when we pointed out the specific directions contained in paragraph 6 of
the judgment in W.A. No. 932 of 2021, which we have extracted in the
interim order dated 22nd October, 2021, we are of the view that there
cannot be any interpretation of the judgment in the contempt petition
and directed the learned Special Government Pleader to ascertain as to
when the payment can be made in terms of the directions issued.
4. Mr. K.V. Manoj Kumar, learned Special Government Pleader,
submitted that all inter departmental issues would be settled, and that
the directions issued in W.A. No. 932 of 2021 would be complied with, in
letter and spirit, and that a compliance report would be filed on or before
Con.Case(C) No.1694/2021 7/8
12.11.2021. Submission of the learned Special Government Pleader is
placed on record. Indulgence is granted on the hope that the submission
of the learned Special Government Pleader would be honoured in letter
and spirit.
5. Let the directions be complied with and report be filed on or
before 12.11.2021. No further adjournment would be granted. Failure to
comply would entail appearance of the alleged contemnors on
15.11.2021.
Registry is directed to send a copy of this order to the respondents
today itself.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY,
JUDGE.
Rv
//TRUE COPY//
P.A. TO C.J.
02-11-2021 /True Copy/ Assistant Registrar
Con.Case(C) No.1694/2021 8/8
APPENDIX OF CON.CASE(C) 1694/2021
Annexure B CERTIFIED COPY OF THE JUDGMENT DATED 09/09/2021 IN
W.A.NO.932/2021 IN WP(C) 29625/2016 ON THE FILE OF THIS
HON'BLE COURT.
Annexure R5(a) TRUE COPY OF THE LETTER DATED 20/09/2021 ISSUED FROM
KSCC TO CHIEF ENGINEER, ROADS DIVISION,
THIRUVANANTHAPURAM.
Annexure R5(b) TRUE COPY OF THE LETTER DATED 30/09/2021 SENT BY
MANAGING DIRECTOR, KERALA STATE CONSTRUCTION
CORPORATION LIMITED TO THE CHIEF ENGINEER, PWD ROADS
DIVISION.
Annexure R5(c) TRUE COPY OF THE LETTER DATED 21/10/2021 ISSUED BY THE
EXECUTIVE ENGINEER, PWD ROADS DIVISION TO THE REGIONAL
MANAGER, KERALA STATE CONSTRUCTION CORPORATION
LIMITED.
Annexure R5(d) TRUE COPY OF THE LETTER DATED 23/10/2021 ISSUED BY THE
EXECUTIVE ENGINEER, PWD ROADS DIVISION TO THE REGIONAL
MANAGER, KERALA STATE CONSTRUCTION CORPORATION
LIMITED.
