C.I.Constructions vs Pubilc Works(Hd) Department
2021 Latest Caselaw 20219 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
                             1943
                  WP(C) NO. 13199 OF 2021
PETITIONER/S:

          C.I.CONSTRUCTIONS
          HAWWA TOWER, ALUVA ROAD, BRAHMAPURAM, KARIMUGAL,
          ERNAKULAM DISTRICT-682 303, REPRESENTED BY ITS
          MANAGING PARTNER C.I. ASSIS, S/O. ISMAIL, AGED
          56 YEARS, CHELLIPADATH, PINARMUNDA, PERINGALA
          P.O, PIN-683 565

          BY ADVS.
          PAUL K.VARGHESE
          A.A.GEETHA



RESPONDENT/S:

    1     PUBILC WORKS(HD) DEPARTMENT
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
          001, REPRESENTED BY ITS SECRETARY.

    2     THE DIRECTOR OF COLLEGIATE EDUCATION DEPARTMENT,
          VIKASH BHAVAN, THIRUVANANTHAPURAM-695 033.

    3     THE KITCO LTD.,
          PUTHIYA ROAD, NH BYPASS, VENNALA, KOCHI, PIN-682
          028, REPRESENTED BY ITS MANAGING DIRECTOR.

    4     THE MANAGING DIRECTOR,
          KITCO LTD., PUTHIYA ROAD, NH BYPASS, VENNALA,
          KOCHI, PIN-682 028
                                         -2-
W.P.(C). No. 13199 of 2021



               BY ADVS.
               M.GOPIKRISHNAN NAMBIAR
               K.JOHN MATHAI
               JOSON MANAVALAN
               KURYAN THOMAS
               PAULOSE C. ABRAHAM
               RAJA KANNAN



OTHER PRESENT:

             SR.ADV.SRI.E.K.NANDAKUMAR FOR RESPONDENT,
             SMT.VIDYA KURIAKOSE, GP


        THIS      WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    30.09.2021,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                             -3-
W.P.(C). No. 13199 of 2021



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

                               W.P.(C) No.13199 of 2021 -Y
                      ===================================================================================

                 Dated this the 30th day of September, 2021

                                                JUDGMENT

The above writ petition is filed with following prayers:

"i. Declare that the respondents have no right to withhold any single pai or bill amount of the petitioner in any of the heads as per Ext.P1 to P5 in respect of the construction of Arts and Science College, Mankada in Malappuram District.

ii. Issue a writ of Mandamus or other appropriate writ, order or direction commanding the respondents to disburse Rs.4039696/- to the petitioner with 12% interest forthwith from the date of deduction of bills till realization.

iii. Issue such other order or direction as may be necessary in the facts and circumstances of the case."

2. The petitioner completed the construction of Arts

and Science College, Mankada, based on Exts.P1 tender and P2

work order for a sum of Rs.4,03,94,963.63/-. It is the case of

W.P.(C). No. 13199 of 2021

the petitioner that since the petitoiner firm is having Exts.P3

and P4 registration and certificates the Ministry of Micro

Small and Medium Enterprises and National Small Industries

Corporation Ltd., the respondents did not insist for any amount

towards bid security, EMD etc. based on Ext.P5 Government

Order. It is the further case of the petitioner that work has

been completed satisfactorily, which is evident from Ext.P6,

however, while doing the work respondents had withheld 10%

from each running bills. According to the petitioner, as per

Ext.P9, if the work is having guarantee period of more than

one year, the security deposit will be released after executing

an indemnity bond. It is mentioned in Ext.P9 Government

Order, the petitioner submits. The petitioner's grievance is that

the respondents ought not have withhold 10% of every

running bill from the petitioner. Hence, this writ petition.

3. Heard the leaned counsel for the petitioner, the

learned Government Pleader for the official respondents and

W.P.(C). No. 13199 of 2021

also Sri.Nandakmar, the learned Senior Counsel as instructed

by Sri.Harilal, who appears for respondents 3 and 4.

4. The learned counsel for the petitioner reiterated his

contentions in the writ petition.

5. The learned Senior Counsel who appears for

respondents 3 and 4 submitted that respondents acted only in

accordance to Ext.P2 agreement. The learned Senior Counsel

submitted that if the petitioner has got any grievance, the

petitioner can file a representation and the same will be

considered in accordance to law.

6. Having heard both sides, I think, without expressing

any opinion on merits, this writ petition can be disposed of

allowing the petitioner to file a representation before the 4 th

respondent and there can be a direction to consider the same

within a time frame.

Therefore, the writ petition is disposed of in the following

manner:

W.P.(C). No. 13199 of 2021

1) The petitioner is free to file a representation narrating their grievances, before the 4th respondent within a period of one week from the date of receipt of a copy of this judgment.

2) Once such a representation is received, the 4 th respondent will consider the same and take appropriate action in accordance to law, after giving an opportunity of being heard to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of such representation.

3) The petitioner will produce a copy of this writ petition together with a copy of the judgment before the 4th respondent for necessary compliance.

4) All the contentions raised in the writ petition are left open to the petitioner.

Sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 13199 of 2021

APPENDIX OF WP(C) 13199/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE TENDER ISSUED BY THE 3RD RESPONDENT DATED NIL

Exhibit P2 A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND 3RD AND 4TH RESPONDENTS DATED 13.2.2015.

Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY MICRO SMALL AND MEDIUM ENTERPRISES DATED 23.2.2013.

Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE NATIONAL SMALL INDUSTRIES CORPORATION LTD. TO THE PETITIONER DATED 10.12.2020.

Exhibit P5 A TRUE COPY OF THE ORDER G.O(P) 06/2014/SPD ISSUED BY ADDITIONAL SECRETARY TO GOVERNMENT OF KERALA DATED 17.5.2014.

Exhibit P6 A TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE KITCO TO THE PETITIONER DATED 24.11.2020.

Exhibit P7 A TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 28.3.2021.

Exhibit P8 A TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE MANAGING DIRECTOR KITCO DATED 25.5.2021.

W.P.(C). No. 13199 of 2021

Exhibit P9 A TRUE COPY OF THE ORDER OF THE COMMISSIONER AND SECRETARY TO GOVERNMENT, PUBLIC WORKS AND TRANSPORT DEPARTMENT, DATED 21.11.1992.

Exhibit P10 A TRUE COPY OF THE ORDER NO. PWD H3/46/2021 PWD ISSUED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, DATED 17.3.2021.

Exhibit P11 A TRUE COPY OF THE REQUEST SUBMITTED BY THE 3RD RESPONDENT TO STATE BANK OF INDIA,AMBALAMEDU DATED NIL.

Exhibit P12 A TRUE COPY OF THE BOND EXECUTED BY THE PETITIONER BASED ON EXT. P11 ON 24.09.2018