E.G Sijil Kumar vs Koodalmanikyam Devaswom
2021 Latest Caselaw 19388 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                         WP(C) NO. 7599 OF 2021
PETITIONER:

          E.G SIJIL KUMAR
          EDATHIPARAMBIL HOUSE, LOKAMALESWARAM P.O, KODUNGALLOOR,
          THRISSUR DISTRICT

          BY ADVS.
          C.K.PAVITHRAN
          SMT.NEENU PAVITHRAN
          SRI.K.S.PRAVEEN



RESPONDENTS:

    1     KOODALMANIKYAM DEVASWOM
          IRINJALAKUDA P.O, THRISSUR DISTRICT, REPRESENTED BY
          ADMINISTRATOR, PIN-680 121

    2     ADMINISTRATOR,
          KOODALMANIKYAM DEVASWOM, IRINJALAKKUDA P.O, THRISSUR
          DISTRICT, PIN-680 121

    3     ADDL.R3. THE COMMISSIONER, KOODALMANIKYAM DEVASWOM,
          DEVASWOM DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM
          PIN - 695 001

          BY ADV S.SUJIN


          SMT. VIDYA KURIAKOSE,     GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.7599/2021
                                  2



               P.V.KUNHIKRISHNAN, J
      --------------------------------------
              W.P.(C)No.7599 of 2021
      --------------------------------------
      Dated this the 16th day of September 2021

                          JUDGMENT

The petitioner is a contractor. The

respondents invited tender for the work namely

"Sangameswara Complex, Tana, Sreekoodalmanickam

Devaswom, Irinjalakuda, Thrissur." The

petitioner's tender was accepted and according to

the petitioner he executed the work to the

satisfaction of the respondents. It is the

definite case of the petitioner that the building

was handed over to the respondents on 31.12.2019.

According to the petitioner, the total amount due

to the petitioner is Rs.1,25,60,414/-. He was

paid only an amount of Rs.99,45,105/-. According

to the petitioner, the security amount of

Rs.4,67,000/- is also retained by the

respondents. In such circumstances, this writ WP(C) NO.7599/2021

petition is filed with following prayers:

              "i.     Issue        a       writ      of    mandamus       or
         appropriate         writ,             direction      or        order
         directing     the    respondents            to     pay    to    the
         petitioner    a     sum       of        Rs.2615309/-      towards

final bill for the work namely "Sangameswara Complex, Tana, Sreekoodalmanickam Devaswom, Irinjalakuda, Thrissur" including additional work executed.

ii. Issue a direction to the respondents to release the security deposit of Rs.4,67,000/- forthwith.

And iii. Grant such other reliefs this Hon'ble Court deems fit and proper in the circumstances of the case including cost of this proceedings."

2. Heard the learned counsel for the

petitioner, the learned Standing counsel for the

respondents 1 and 2 and the learned Government

Pleader for the additional 3rd respondent.

3. The learned counsel for the petitioner

reiterated his contentions in the writ petition.

The learned counsel takes me through paragraph

No.4 of the counter filed by respondent 1 and 2,

in which it is stated that certain defects are

noted in the work. Thereafter the learned WP(C) NO.7599/2021

counsel takes me through Ext.P2 agreement, in

which it is stated that the rectification need to

be done by the petitioner only within one year

from the date of completion of the work and the

defects are to be pointed out within that one

year. The learned counsel submitted that, even

if the petitioner is not legally duty bound to

cure the defects, they are ready to rectify the

defects and there may be a direction to the

respondents to pay the balance amount.

4. The learned Standing counsel for the

respondents 1 and 2 submitted that the petitioner

is not entitled any amount and the entire

contentions are mentioned in the counter

affidavit.

5. The learned Government Pleader also

submitted that the work was allotted for

1,35,00,000/- and now the amount reached up to

1,65,00,000/-. This is disputed by the

petitioner.

6. After hearing both sides, I think this WP(C) NO.7599/2021

writ petition can be disposed directing the

additional 3rd respondent to look in to this

matter and pass appropriate orders after giving

an opportunity of hearing to the petitioner and

the respondents 1 and 2. There can be a time

frame also. I don't want to make any observation

about the merit of the case. The learned counsel

for the petitioner submitted that he is ready to

rectify the defects, if any, even though he is

not legally bound to do the same as per the

agreement. The additional 3rd respondent can

consider the same also while hearing the matter.

Therefore, this writ petition is disposed in

the following manner:

i) The additional 3rd respondent will

consider the grievance raised by the petitioner

in this writ petition after giving an opportunity

of hearing to the petitioner and respondents 1

and 2, as expeditiously as possible, at any rate,

within two months from the date of receipt of a

copy of this judgment.

WP(C) NO.7599/2021

ii) The petitioner will produce a copy

of this judgment along with a copy of this writ

petition before the additional 3rd respondent for

compliance.

iii) All the contentions of the

petitioner are left open and the petitioner is

free to raise all his contentions before the

additional 3rd respondent.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.7599/2021

APPENDIX OF WP(C) 7599/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TENDER NOTIFICATION

EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 11-01-

EXHIBIT P3 TRUE COPY OF THE REPORT DATED 6-3-2019 SUBMITTED BY THE ASSISTANT ENGINEER

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 8-3-2021

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT CARDS.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE