Kerala High Court
C.I. Constructions vs The Public Works (Hd) Department on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF APRIL 2022/17TH CHAITHRA, 1944
WP(C) NO. 430 OF 2022
PETITIONER:
M/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
K.P.S.JALALUDDEEN MOHMMED
RESPONDENTS:
1 THE PUBLIC 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.
R1-R2 SMT.PARVATHY KOTTOL, G.P.
R3-R4 SMT.RAMOLA NAYANPALLY, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.430/2022
2
JUDGMENT
Dated this the 7th day of April, 2022
The petitioner, a Firm engaged in Construction works,
who undertook the construction work of Arts and Science
College, Mankada in Malappuram District, has approached
this Court seeking to direct respondents 1 to 3 to disburse
the entire amount of `40,39,496/- to the petitioner based on
Ext.P9 order of the 1st respondent and also Exts.P2 and
P11 forthwith which was deducted by the respondents from
each running bills.
2. Ext.P9 Government Order states that if the work
is having guarantee for a period of more than one year the
Security Deposit will be released after the contractor
executing an indemnity bond in the specified form for an
equal amount of the remaining guarantee period, the
WP(C) No.430/2022
petitioner being a MSME Unit. The learned Standing
Counsel for the 3rd respondent submitted that the matter
has been referred to the State Government for clarification
over the applicability of Ext.P9 and acceptability of the
petitioner's claim.
3. When this writ petition came up for hearing, the
learned Government Pleader made available a
communication P2/15840/2014/DCE dated 31.01.2022
wherein the Director of Collegiate Education has directed
the 4th respondent to take a decision in accordance with the
letter dated 31.01.2022. The learned Standing Counsel for
respondents 3 and 4 submits that they are not in a position
to confirm the receipt of letter dated 31.01.2022. However,
since respondents 1 and 2 have produced the letter dated
31.01.2022, a copy of which has been handed over to the
Standing Counsel, respondents 3 and 4 can now take a
decision on the basis of the said communication.
WP(C) No.430/2022
In the circumstances, the writ petition is disposed of
directing the 4th respondent to take a decision on the claim
made by the petitioner adverting to Exts.P3, P9 and P10
and taking into consideration the communication dated
31.01.2022. A decision in this regard shall be taken within a
period of one month.
Sd/-
N. NAGARESH
JUDGE
ncd/08.04.2022
WP(C) No.430/2022
APPENDIX OF WP(C) 430/2022
PETITIONER'S 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 RUE COPY OF THE LETTER ISSUED BY
THE PETITIONER TO THE MANAGING
DIRECTOR KITCO DATED 25/5/2021.
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 REQUEST SUBMITTED
BY THE 3RD RESPONDENT TO STATE BANK
OF INDIA, AMBALAMEDU DATED NIL.
Exhibit P11 A TRUE COPY OF THE BOND EXECUTED BY
THE PETITIONER BASED ON EXT.P10 ON
24/9/2018.
WP(C) No.430/2022
Exhibit P12 A TRUE COPY OF THE JUDGMENT IN WP(C)
NO.13199/2021 OF THIS HON'BLE COURT
DATED 30/9/2021.
Exhibit P13 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
1/12/2021.
Exhibit P14 A TRUE COPY OF THE LETTER NO.8308
ISSUED BY THE KITCO TO THE DIRECTOR
OF COLLEGIATE EDUCATION DATED
29/10/2021.
Exhibit P15 A TRUE COPY OF THE LETTER ISSUED BY
KITCO TO THE PETITIONER DATED
26/11/2021.
