Green Method Engineering (P) Ltd vs State Of Kerala
2021 Latest Caselaw 19489 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. 5503 OF 2016


PETITIONER:

          GREEN METHOD ENGINEERING (P) LTD.,
          REPRESENTED BY ITS EXECUTIVE DIRECTOR, DAVIS.M.V., ATC
          BUILDING, MOOLEPADOM NAGAR ROAD, H.M.T. JUNCTION,
          KALAMASSERY, KOCHI, PIN-683104.

          BY ADV SRI.C.V.MILTON



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY TO HEALTH AND FAMILY
          WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
          MUSEUM, PIN-695001.

    2     THE SUPERINTENDENT GENERAL HOSPITAL
          ERNAKULAM-682035.

    3     HINDUSTAN PREFAB LIMITED
          REPRESENTED BY ITS REGIONAL IN CHARGE(SZ), TC
          24/656(FF) THYCAUD, THIRUVANANTHAPURAM, PIN - -695014.

    4     KERALA STATE POLLUTION CONTROL BOARD
          REPRESENTED BY CHIEF ENVIRONMENT ENGINEER,
          PATTOM P.O.,
          THIRUVANANTHAPURAM-695004 (ADDITIONAL 4TH RESPONDENT
          WAS IMPLEADED AS PER ORDER DATED 14.03.2019 IN IA
          1/2019)

          BY ADVS.
          SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD,
          SRI.M.A.ASIF
 WP(C) NO.5503/2016
                           2

         SMT. RASMI.K.M SR 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.5503/2016
                                          3




               P.V.KUNHIKRISHNAN, J
      --------------------------------------
              W.P.(C)No.5503 of 2016
      --------------------------------------
      Dated this the 16th day of September 2021

                                  JUDGMENT

The above writ petition is filed with

following prayers:

"i. To call for the records of the case;

ii. To issue a Writ of Mandamus or any other appropriate writ, order or direction, commanding the 2 nd respondent, Superintendent, General Hospital, Ernakulam, to pay Rs.9,27,498/- with 18% interest from 1.08.2015 immediately and iii. To issue such and other further reliefs as this Honourable Court deems fit and proper to grant in the facts and circumstances of this case including cost."

2. Today when the matter came up for

final hearing, the learned counsel for the

petitioner submitted that the above amount is

due to the petitioner and the matter is WP(C) NO.5503/2016

pending before the additional 4th respondent.

The learned Standing counsel who appeared for

the additional 4th respondent submitted that

there is no further agreement between the

petitioner and the additional 4th respondent

and the petitioner is not entitled any further

amount. According to the respondents,

whatever amount is due is already paid and the

present claim is for an excess amount.

Whatever that may be, admittedly, the matter

is pending before the additional 4th respondent

about the further claim of the petitioner.

Therefore the additional 4th respondent will

hear the petitioner and pass appropriate

orders in accordance to law.

Therefore, this writ petition is disposed

in the following manner:

i) The additional 4th respondent will give

an opportunity of hearing to the petitioner

about the averments in this writ petition and WP(C) NO.5503/2016

pass appropriate orders in accordance to law,

as expeditiously as possible, at any rate,

within two months from the date of receipt of

a copy of this judgment.

ii) The petitioner will produce a copy of

this judgment along with a copy of this writ

petition before the additional 4th respondent

for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.5503/2016

APPENDIX OF WP(C) 5503/2016

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE NO.

NIT NO. HPL/NIT/TVM/132/2011-12 DATED 28-3-2012.

EXHIBIT P2 TRUE COPY OF THE LETTER OF AWARD NO.

HPL/CE/LOA/2012-13/112/314 DATED 06- 06-2012.

EXHIBIT P3 TRUE COPYOF THE AGREEMENT DATED 15-

9-12 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 29-8-2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 18-3-2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE HANDING OVER CERTIFICATE DATED 01-09-2014.

EXHIBIT P7 TRUE COPY OF LETTER NO.

HPL/K/R1/2014-15/263/432 DATED 13- 09-2014 ALONG WITH THE UTILIZATION CERTIFICATE.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 02-03-

2015 TO THE REGIONAL IN CHARGE OF THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION NO.

HPL/PM/EKM/15-16 DATED 1-12-2015 SENT TO THE REGIONAL IN CHARGE (SZ).

RESPONDENTS EXHIBITS : NIL

/TRUE COPY// PA TO JUDGE