Silpa Projects And ... vs Union Of India
2021 Latest Caselaw 22011 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA,
                                   1943
                       WP(C) NO. 14369 OF 2021
PETITIONER/S:

               SILPA PROJECTS AND INFRASTRUCTURE (I) PVT. LTD
               REPRESENTED BY ITS MANAGING DIRECTOR,PARAMARA
               ROAD, KOCHI-18.
               BY ADV P.K.RAVI SANKAR


RESPONDENT/S:

    1          UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
               DEPARTMENT OF SPACE, NEW DELHI-110001.
    2          VIKRAM SARABHAI SPACE CENTRE,
               I.S.R.O,DEPARTMENT OF SPACE,
               GOVERNMENT OF INDIA,REPRESENTED BY GROUP
               HEAD,CONSTRUCTION AND MAINTENANCE GROUP,
               THIRUVANANTHAPURAM-695022.
    3          GROUP HEAD,
               CONSTRUCTION AND MAINTENANCE GROUP,VIKRAM
               SARABHAI SPACE CENTRE,DEPARTMENT OF SPACE,
               GOVERNMENT OF INDIA,THIRUVANANTHAPURAM-695022.
    4          OVERALL ENGINEER-IN-CHARGE,
               SECTION HEAD,CMD-ELE,TERLS,
               CONSTRUCTION AND MAINTENANCE GROUP,VIKRAM
               SARABHAI SPACE CENTRE,DEPARTMENT OF SPACE,
               GOVERNMENT OF INDIA,
               THIRUVANANTHAPURAM-695022., PIN - -1
               BY ADV SRI.SUVIN R.MENON, CGC

        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   03.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                             -2-
W.P.(C). No. 14369 of 2021




                               P.V.KUNHIKRISHNAN, J.
                               ==============================================================


                                W.P.(C) No.14369 of 2021
                     ===================================================================================


                  Dated this the 3rd day of November, 2021


                                                JUDGMENT

The above writ petition is filed with following prayers:

i) Issue a writ in nature of mandamus, order or direction directing the Respondent No.3 to consider and finalise the claim made by the petitioner as per Exhibit P5 Final Escalation Bill within a reasonable time fixed by this honourable Court.

ii) Grant such other reliefs that are prayed for from time to time and deemed fit to be granted.

iii) Award cost of this proceedings."

2. The grievance of the petitioner is that, Ext.P5

escalation bill is not considered by the 3rd respondent.

3. Heard the learned counsel for the petitioner and the

learned Central Government Counsel for the respondents.

W.P.(C). No. 14369 of 2021

4. The learned counsel for the petitioner submitted

that he will be satisfied if a time limit is fixed for considering

the escalation bill submitted by the petitioner.

5. On the other hand, the learned Central Government

Counsel submitted that Ext.P5 bill was already considered and

Ext.P6 order is passed.

6. The learned counsel for the petitioner submitted

that after Ext.P6 order, Ext.P7 was submitted and as evident by

Exts.P8 and P9 the 3rd respondent is admittedly reconsidering

the matter. In such circumstances, a direction to finalise the

same, within a time frame may be issued.

7. After hearing both sides, I think there can be a

direction to the 3rd respondent to finalise the request made by

the petitioner based on Ext.P7, within a time limit.

Therefore, this writ petition is disposed of in the

following manner:

W.P.(C). No. 14369 of 2021

1. The 3rd respondent will consider Ext.P7 and pass appropriate orders in it, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

2. All the contentions raised by the parties are left open.

Sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 14369 of 2021

APPENDIX OF WP(C) 14369/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE WORK ORDER NO.VSCC/CMG/CPH/2(1417)1937 DATED 8-3- 2017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 TRUE COPY OF THE WORK COMPETION CERTIFICATE NO.VSCC/CMD-CVL/ISRO STAFF QUARTERS/2019/1074 DATED 17-9-2019 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/82/18-19 DATED 13-9- 2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/130/18-19 DATED 16-8- 2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/174/2020-21 DATED 30- 11-2020 ALONG WITH THE ESCALATION BILL SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE LETTER NO.VSSC/CMD-

CVL/ISQ/1779 DATED 19-2-2021 ISSUED BY THE 4TH RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO.SPI/ISRO/VSSC/175/2020-21 DATED 24- 3-2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE LETTER NO.VSSC/CMG/GD-02/24 DATED 29-3-2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

W.P.(C). No. 14369 of 2021

Exhibit P9 TRUE COPY OF THE LETTER NO.VSSC/CMG/GD-02/26 DATED 5-4-2021 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P10 TRUE COPY OF THE LETTER NO.VSSC/CMD-

CVL/ISQ DATED 17-6-2021 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER .