Laique.P.P vs Bharath Sanchar Nigam Limited
2021 Latest Caselaw 22411 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                       WP(C) NO. 24450 OF 2021
PETITIONER:

          LAIQUE.P.P,
          AGED 52 YEARS,
          S/O. P.P MUHAMMED,
          BSNL CONTRACTOR,
          PUTHUKAYIL PUTHIYA MALIYEKKAL HOUSE,
          B.P ANGADI P.O,
          TIRUR TALUK, MALAPPURAM DISTRICT

          BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1     BHARATH SANCHAR NIGAM LIMITED,
          (GOVERNMENT OF INDIA UNDERTAKING)
          REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
          BSNL CORPORATE OFFICE,
          HARISH CHANDRA MATHUR LANE,
          JANPATH, NEW DELHI 110 001

    2     THE CHIEF GENERAL MANAGER,
          BHARATH SANCHAR NIGAM LIMITED,
          PMG JUNCTION,
          THIRUVANANTHAPURAM, PIN 695 001

    3     THE EXECUTIVE ENGINEER,
          OFFICE OF THE EXECUTIVE ENGINEER ©,
          BSNL CIVIL DIVISION NO.II,
          ERNAKULAM , PIN 682 016

          SRI.MATHEWS K PHILIP, SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24450/2021

                                  2




                           JUDGMENT

Dated this the 9th day of November, 2021

The petitioner, who is a BSNL Contractor, has

approached this Court seeking to direct the respondents to

pay the amount due on the bills submitted by the petitioner in

respect of the works executed pursuant to Exts.P1 to P7

proceedings, within a time stipulated by this Court.

2. The petitioner states that he is a BSNL contractor

and was awarded with 7 works as per Exts.P1 to P7. The

petitioner claims that he has completed the work within the

stipulated time to the satisfaction of the respondents. The 3 rd

respondent has forwarded the bill of the petitioner to the 2 nd

respondent for processing and payment. As no amount is

paid, the petitioner submitted Ext.P8 representation to the 2 nd

respondent.

WP(C).No.24450/2021

3. The learned Standing Counsel representing the

respondents pointed out that Ext.P8 representation preferred

by the petitioner is pending consideration and the respondents

will be able to take a decision on the representation within a

time frame. In such circumstances, this Court is of the view

that no adjudication on the issues involved is necessary in this

writ petition at this stage as the petitioner's representation is

pending consideration before the authorities.

Accordingly, the writ petition is disposed of directing

the 2nd respondent or any other authorised officer under the 2 nd

respondent, to consider Ext.P8 representation filed by the

petitioner and pass appropriate orders thereon, within a period

of six weeks.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.24450/2021

APPENDIX OF WP(C) 24450/2021

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE COMMUNICATION NO.

C-101/EE-BSNL--CD-II/EKM/2018-19/435 ISSUED BY THE 3RD RESPONDENT DATED 27- 09-2018 Exhibit P2 THE TRUE COPY OF THE COMMUNICATION NO.

C-101/EE-BSNL-CD-II/EKM/2018-19/434 ISSUED BY THE 3RD RESPONDENT DAT3ED 27- 09-2018 Exhibit P3 THE TRUE COPY OF THE COMMUNICATION NO.

C-101/EE-CD-II/EKM/BSNL/2018-60 ISSUED BY THE 3RD RESPONDENT DATED 7-2-2018 Exhibit P4 THE TRUE COPY OF THE COMMUNICATION NO.

C-101/EE/BSNL-CD-II/EKM/2018-19/400 ISSSUED BY THE 3RD RESPONDENT DATED 5- 09-2018 Exhibit P5 THE TRUE COPY OF THE COMMUNICATION NO.

C-101/EE-CD-II/EKM/BSNL/2018/61 ISSUED BY THE 3RD RESPONDENT DATED 7-2-2018 Exhibit P6 THE TRUE COPY OF THE COMMUNICATION NO.

C-101/EE-BSNL-CD-II/EKM/2018-19/401 ISSUED BY THE 3RD RESPONDENT DATED 5- 09-2018 Exhibit P7 THE TRUE COPY OF THE COMMUNICATION NO.

C-101/EE-CD-II/EKM/BSNL/2018/62 ISSUED BY THE 3RD RESPONDENT DATED 7-2-2018 Exhibit P8 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 14-10-2021