Abm Electricals vs State Of Kerala
2021 Latest Caselaw 21705 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 2ND DAY OF NOVEMBER 2021/11TH KARTHIKA, 1943
                     WP(C) NO. 23912 OF 2021


PETITIONER:

         M/S.ABM ELECTRICALS,
         A GRADE ELECTRICAL ENGINEERS AND CONTRACTORS,
         ABM HOUSE, CHEMBUMUKKU, THRIKKAKKARA P.O.,
         ERNAKULAM-682 021 REP. BY ITS PROPRIETOR,
         JOSEPH BASIL, AGED 56, S/O ANTONY JOSEPH,
         CHEMBUMUKKU, THRIKKAKKARA P.O.,
         ERNAKULAM-682 021.

         BY ADVS.
         PRAVEEN K. JOY
         E.S.SANEEJ
         M.P.UNNIKRISHNAN
         T.A.JOY
         M.K.SAMYUKTHA
         N.ABHILASH
         DEEPU RAJAGOPAL
         SANDRA S.KUMAR


RESPONDENTS:

    1    STATE OF KERALA REP. BY SECRETARY,
         HIGHER EDUCATION DEPARTMENT,
         GOVT. SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.

    2    KERALA AGRICULTURAL UNIVERSITY,
         VELLANIKKARA, KAU-P.O.,
         THRISSUR-680 656,
         REP. BY ITS REGISTRAR.

    3    THE DIRECTOR,
         DIRECTORATE OF PHYSICAL PLANT,
         KERALA AGRICULTURAL UNIVERSITY,
         MAIN CAMPUS, VELLANIKKARA,
         THRISSUR-680 656.

    4    ASSISTANT ENGINEER,
         KERALA AGRICULTURAL UNIVERSITY,
 WP(C)No.23912/2021

                            2



          MAIN CAMPUS, VELLANIKKARA,
          THRISSUR-680 656.

    5     THE ELECTRICAL INSPECTOR,
          ELECTRICAL INSPECTORATE,
          ROUND SOUTH, KURUPPAM ROAD,
          THRISSUR-680 001.

          SMT.VINITHA B, SR.GOVT.PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 02.11.2021, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C)No.23912/2021

                               3




                         JUDGMENT

Dated this the 2nd day of November, 2021

The petitioner who is a reputed "A Grade Electrical

Engineering Contractor" has filed this writ petition seeking to

direct respondents 2 and 3 to consider Ext.P10

representation and Ext.P4 request within a time limit.

2. The petitioner states that he executed an

agreement with the 3rd respondent for supply and installation

of 50KVA DG set at Department of Seed Science and

Technology, CoH, Vellanikkara. The petitioner asserted that

he completed the work within the stipulated time of four

months.

3. The work was completed on 12.08.2021 as is

evidenced by Ext.P9 Caliberation Certificate and the

amounts due to the petitioner remain unpaid. The petitioner

submitted Ext.P10 representation to respondents 2 and 3. WP(C)No.23912/2021

In Ext.P10 representation, the petitioner submitted that the

admitted amount of `7,00,111/- and the security deposit

amount are to be released to the petitioner forthwith along

with additional amount of `25,000/-.

4. I have heard the learned counsel for the

petitioner, the learned Standing Counsel appearing for

respondents 2 to 4 and the learned Government Pleader

representing respondents 1 and 5.

5. The fact that the petitioner has undertaken the

work of respondents 2 to 4 is not disputed. It is discernible

from the pleadings in the writ petition that the petitioner has

completed the work within the stipulated time. In such

circumstances, this Court is of the considered view that the

3rd respondent shall consider the request made by the

petitioner as per Ext.P10 for disbursement of admitted

amount due to the petitioner.

WP(C)No.23912/2021

Accordingly, the writ petition is disposed of directing

the 3rd respondent to consider Ext.P10 representation

submitted by the petitioner and pass appropriate orders

thereon within a period of one month.

Sd/-

N. NAGARESH JUDGE ncd/03.11.2021 WP(C)No.23912/2021

APPENDIX OF WP(C) 23912/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE SELECTION NOTICE ISSUED TO THE CONTRACTOR DATED 16.02.2021.

Exhibit P2 TRUE COPY OF THE SCHEME APPROVAL BY THE 5TH RESPONDENT DATED 29.03.2021. Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 18.09.2021. Exhibit P4 TRUE COPY OF THE LETTER SUBMITTED TO THE 3RD RESPONDENT DATED 20.09.2021 OF THE PETITIONER.

Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 23.09.2021. OF THE 7TH RESPONDENT.

Exhibit P6           TRUE PHOTOCOPY OF THE LETTER ISSUED
                     TO    THE    3RD     RESPONDENT    DATED
                     27.09.2021.
Exhibit P7           TRUE PHOTOCOPY OF THE LETTER ISSUED
                     BY    THE    3RD     RESPONDENT    DATED
                     12.10.2021.
Exhibit P8           RELEVANT PAGE OF APPROVED DRAWING

WITH NO.B-2-3276/21/EIR 29/03/2021 OF THE WORK OF THE 3RD RESPONDENT ISSUED BY ELECTRICAL INSPECTORATE.

Exhibit P9           RELEVANT PAGE OF LETTER AND DOCUMENTS
                     SUBMITTED        BEFORE       ELECTRICAL
                     INSPECTOR,    OFFICE     OF   ELECTRICAL
                     INSPECTORATE,        THRISUR       DATED
                     26.08.2021.
Exhibit P10          TRUE PHOTOCOPY OF THE REPRESENTATION

SUBMITTED BEFORE THE 3RD RESPONDENT DATED 18.10.2021.