Kerala High Court
P.K. Sulpheeker Infrastructure ... vs State Of Kerala on 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
WP(C) NO. 19931 OF 2021
PETITIONER/S:
P.K. SULPHEEKER INFRASTRUCTURE LIMITED LIABILITY PARTNERSHIP (LLP)
LLP ID. NO.AAV-3715, BUILDING NO.3/447-E, GROUND FLOOR, PADMINI
APARTMENTS, BEHIND NADKAVU POST OFFICE, NADAKAVU, KOZHIKODE - 675
011, REP. BY ITS DESIGNATED PARTNER, SUNAISE P. K. PEZHUNGADAN
KOLLATHIKKAL HOUSE, KEEZHUPARAMBU P. O., AREACODE, MALAPPURAM - 673
639.
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB)
2ND FLOOR, FELICITY SQUARE, M. G. ROAD, STATUE, THIRUVANANTHAPURAM -
695 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND MEMBER
SECRETARY, 2ND FLOOR, FELICITY SQUARE, M. G. ROAD, STATUE,
THIRUVANANTHAPURAM - 695 001.
3 THE PROJECT DIRECTOR
PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, GROUND FLOOR, BSNL
OFFICE BUILDING AT CGM (O), DHOOR SANCHAR BHAVAN, PMG JUNCTION,
THIRUVANANTHAPURAM - 695 033.
OTHER PRESENT:
SRI.B.G.HARINDRANATH FOR R2, SRI.K.V.MANOJ KUMAR FOR R3, SMT.PRINCY
XAVIER, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19931 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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WP(C) No. 19931 OF 2021
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Dated this the 24th day of September 2021
JUDGMENT
The above writ petition is filed with the following prayers;
" i. Issue a writ of mandamus, or any other
appropriate writ, or order, or direction to the 3 rd respondent,
requiring to forthwith consider and pass orders on Exhibit P9,
to allow the petitioner to carry out and complete the works
under Exhibit P1 to P3 left incomplete on 15-7-2021 and to
effect payment for value of works carried out and other
amounts due being the legal representatives of the deceased
P.K.Sulpheeker.
ii. Declare that the petitioner is entitled to carry out
and complete the works left incomplete on 15-7-2021, being
the legal representative of the deceased, who was one of the
Designated Partners of the LLP and that the respondents are
bound to allow the petitioner to carry out and complete the
works and to execute supplemental agreement if any
required for extension of time, extra item and quantities and
to effect payment for the value of works carried out.
iii. Issue a writ of mandamus, or any other
appropriate writ, or order or direction to the 3 rd respondent,
requiring to forthwith upload the bill presented on 17-6-2021
for payment of Rs.2,91,19,159/-, retained at his office, to
the website of the 2nd respondent for effecting payment due
to the petitioner towards value of works carried out.
iv. Issue a writ of mandamus, or any other
appropriate writ, or order, or direction to the respondents
WP(C) NO. 19931 OF 2021
requiring to forthwith complete the processing of the bill
presented on 13-8-2021 for payment of Rs.5,67,77,360/- at
the Wayanad Division Office for value of works carried out
by the petitioner under Exhibit P3, to enable it to effect
payment, to discharge liabilities incurred in carrying out the
works.
v. Issue a writ of mandamus, or any other
appropriate writ, or order, or direction to the 3 rd respondent,
requiring to forthwith upload the bills presented for value of
works carried out, to the website of the 2 nd respondent for
effecting payment due to the petitioner for value of works
carried out, to enable the petitioner to discharge the
liabilities incurred in carrying out the works and to carry out
and complete the balance work.
vi. Issue a writ of mandamus, or any other
appropriate writ, or order, or direction to the respondents
requiring to forthwith direct preparation and presentation of
bills for value of works carried out by the petitioner under
Exhibit P1 to P3 and to effect payment of Rs.19,59,00,000/-
due for value of works already carried out to enable it to
discharge liabilities incurred in carrying out the works and to
carry out and complete the balance work at the earliest
opportunity.
vii. Issue a writ of mandamus, or any other
appropriate writ, or order, or direction to the 3 rd respondent,
requiring to forthwith consider and pass orders on the
applications submitted by the petitioner on 25-5-2021, 20-6-
2021 and 29-7-2021, seeking extension of intended
completion period and to execute supplemental agreements
required for extension of time and extra items and quantities
with the petitioner, to allow it to carry out the works within a
time stipulated
viii. Grant such other relief this Hon. Court may deem
proper, just and necessary in the peculiar facts and
circumstances of the case, including costs incurred by the
petitioner in these proceedings ."
WP(C) NO. 19931 OF 2021
2. Today, when this writ petition came up for consideration,
the learned counsel for the petitioner submitted that, he will be
satisfied if Ext.P9 representation is considered by the 2 nd respondent.
The learned counsel submitted that, there may be a direction to
consider the Kerala Public Works Department Manual Revised Edition
2012 also while considering Ext.P8 representation.
3. Heard the learned counsel for the petitioner, learned
Government Pleader and the learned Standing Counsel for the 2 nd and
3rd respondents.
4. The learned Standing Counsel for the 3 rd respondent
submitted that, the 3rd respondent will consider the representation in
accordance to law and pass appropriate orders.
5. In the light of above submission, I think this writ petition
can be disposed of directing the 3 rd respondent to consider Ext.P9
representation in accordance to law. There can be a direction to the
3rd respondent to consider the applicability of Kerala Public Works
WP(C) NO. 19931 OF 2021
Department Manual Revised Edition 2012 also while considering
Ext.P9 representation.
Therefore this writ petition is disposed of in the following
manner.
1. The 3rd respondent is directed to consider Ext.P9
representation and pass appropriate orders in accordance to law, as
expeditiously as possible at any rate, within a period of three weeks
from the date of receipt of a copy of this judgment.
2. While considering Ext.P9 representation, the 3 rd respondent
will consider the applicability of Kerala Public Works Department
Manual Revised Edition 2012.
2. I make it clear that I have not considered the matter on
merit. The 3rd respondent is free to pass appropriate orders in
accordance to law.
(Sd/-)
P.V.KUNHIKRISHNAN
LU JUDGE
WP(C) NO. 19931 OF 2021
APPENDIX OF WP(C) 19931/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PORTION OF AGREEMENT
NO.39/PWD/KRFB FOR WORKS VALUED
RS.52,66,61,442.55
Exhibit P2 TRUE COPY OF RELEVANT PORTION OF AGREEMENT
NO.53/PWD/KRFB FOR WORKS VALUED
RS.16,22,70,752.25
Exhibit P3 TRUE COPY OF RELEVANT PORTION OF THE AGREEMENT
NO.56/PWD/KRFB FOR WORKS VALUED
RS.39,23,26,518.62
Exhibit P4 TRUE COPY OF RELEVANT PORTION OF INCORPORATION
CERTIFICATE OF M/S P. K. SULPHEEKER
INFRASTRUCTURE LLP AND PARTNERSHIP DEED.
Exhibit P5 TRUE COPY OF GST REGISTRATION CERTIFICATE OF
P. K. SULPHEEKER INFRASTRUCTURE LLP.
Exhibit P6 TRUE COPY OF DEATH CERTIFICATE OF SULPHEEKER
P. K.
Exhibit P7 TRUE COPY OF A CLASS CONTRACTORS' REGISTRATION
CERTIFICATE ISSUED TO THE PETITIONER.
Exhibit P8 TRUE COPY OF THE RELEVANT PORTION OF AMENDED
PARTNERSHIP DEED OF M/S P. K. SULPHEEKER
INFRASTRUCTURE LLP.
Exhibit P9 TRUE COPY OF REPRESENTATION OF THE DESIGNATED
PARTNER OF THE PETITIONER TO THE 3RD
RESPONDENT.
// True Copy // PA To Judge
