Kerala High Court
M/S.Deens Constructions vs State Of Kerala on 29 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14845 OF 2022
PETITIONER:
M/S. DEENS CONSTRUCTIONS,
FIRST FLOOR, DEENS BUILDING,
PERINGALA P. O.,
ERNAKULAM - 684 565.
REPRESENTED BY ITS MANAGING PARTNER,
SRI. SHAHUL HAMEED.
BY ADVS.
SANTHOSH MATHEW
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
LEAH RACHEL NINAN
MATHEW NEVIN THOMAS
KURIAN ANTONY MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,
KERALA - 695 001.
2 PROJECT DIRECTOR
KERALA ROAD FUND BOARD-PROJECT MANAGEMENT UNIT,
GROUND FLOOR,
BSNL OFFICE BUILDING,
CGM(O) DOORSANCHAR BHAVAN,
PMG JUNCTION,
THIRUVANANTHAPURAM,
KERALA - 695 033.
3 THE CHIEF EXECUTIVE OFFICER,
KERALA INFRASTRUCTURE INVESTMENT FUND BOARD 2ND
FLOOR,
FELICITY SQUARE,
MG ROAD,
STATUE,
THIRUVANANTHAPURAM,
KERALA - 695 001.
W.P.(C) NO.14845 OF 2022
2
4 EXECUTIVE ENGINEER,
KERALA ROAD FUND BOARD-PROJECT MANAGEMENT UNIT,
MUVATTUPUZHA - IDUKKI DIVISION,
PWD OFFICE COMPLEX,
THODUPUZHA,
KERALA - 685 584.
SMT. PRINCY XAVIER - SR. GP
R2 & R4 - SRI. K. V. MANOJKUMAR
R3 - SRI. S.CHANDRASEKHARAN NAIR - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.04.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) NO.14845 OF 2022
3
JUDGMENT
The prayers in this writ petition are as follows:-
"i. Issue a writ of mandamus or any other
appropriate writ or order or direction,
directing the 2nd and 3rd respondents to
consider and pass orders on the Ext.P20
representation after granting the petitioner
an opportunity to be heard;
ii. Issue a writ pf mandamus or any other
appropriate writ or order or direction,
directing the 2nd and 3rd respondents to
terminate the Ext.P3 agreement which has
been extended as per Ext.P23 without
assigning risk or cost to the petitioner if they
are not amenable to considering the requests
made in the Ext.P20 representation;
iii. Direct the respondents not to take any
coercive or adverse action against the
petitioner including invocation of the
performance security and additional
performance security provided by the
petitioner until a court of competent
jurisdiction determines whether or not risk
and cost can be assigned to the petitioner;
and
iv. Grant such other reliefs which are just
and necessary in the interest of justice."
W.P.(C) NO.14845 OF 2022
2. I have heard the learned counsel for the
petitioner as well as the learned Government Pleader
and the learned Standing Counsel for the respondents.
3. Having regard to the facts of the case, I direct
the 2nd respondent to consider and take a decision on
the request made by the petitioner in Ext.P20 after
affording an opportunity of being heard to the
petitioner either physically or through Online mode and
pass appropriate orders in accordance with law, within
a period of four weeks from the date of receipt of a
copy of this judgment.
Accordingly, the above writ petition is disposed of.
Sd/-
MOHAMMED NIAS C.P
JUDGE
SPR
W.P.(C) NO.14845 OF 2022
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE NOTICE INVITING
TENDER (NIT) NO. PMU-KRFB/T-19/2018-19
DATED 28.05.2018 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE LETTER OF ACCEPTANCE
DATED 15.09.2018 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACTS OF
THE AGREEMENT DATED 16.10.2018
EXECUTED BETWEEN THE PETITIONER AND
THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE NOTICE TO PROCEED
WITH THE WORK DATED 16.10.2018.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
28.12.2019 SENT BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED
11.01.2020 SENT BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED
14.04.2020 SENT BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED
22.09.2020 SENT BY THE PETITIONER TO
THE 2ND RESPONDENT.
EXHIBIT P9 TRUE COPY SUPPLEMENTAL AGREEMENT NO. 1
DATED 03.08.2021 ENTERED INTO BETWEEN
THE PETITIONER AND 2ND RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED
17.03.2021 ISSUED BY THE CHIEF PROJECT
EXAMINER OF THE KIIFB.
EXHIBIT P11 TRUE COPY OF THE NOTICE DATED
11.06.2021 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
EXHIBIT P12 TRUE COPY OF THE SUPPLEMENTAL
AGREEMENT NO.2 DATED 03.08.2021
ENTERED INTO BETWEEN THE PETITIONER
AND 2ND RESPONDENT.
W.P.(C) NO.14845 OF 2022
EXHIBIT P13 TRUE COPY OF THE SUPPLEMENTAL
AGREEMENT NO.3 DATED 14.12.2021
ENTERED INTO BETWEEN THE PETITIONER
AND 2ND RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE SUPPLEMENTAL
AGREEMENT NO.4 DATED 14.12.2021
ENTERED INTO BETWEEN THE PETITIONER
AND 2ND RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE LETTER DATED 29-
09.2021 AND 30.09.2021 SENT BY THE
EXECUTIVE ENGINEER TO THE 2ND
RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE LETTER DATED
16.11.2021 AND 30.09.2021 SENT BY THE
EXECUTIVE ENGINEER TO THE 2ND
RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE LETTER DATED
03.11.2021 SENT BY THE 2ND RESPONDENT
TO THE PETITIONER.
EXHIBIT P18 TRUE COPY OF THE LETTER DATED
23.03.2022 SENT BY THE 4TH RESPONDENT
TO TEAM LEADER (SOUTH), KRFB,
THIRUVANANTHAPURAM.
EXHIBIT P19 TRUE COPY OF THE LETTER DATED
15.03.2022 SENT BY THE PETITIONER TO
THE 4TH RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED
25 MARCH 2022 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND AND 3RD
RESPONDENT HEREIN, AS WELL AS THE 4TH
RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE INSTRUCTION ISSUED ON
31.03.2022 BY THE 4TH RESPONDENT TO
THE PETITIONER.
EXHIBIT P22 TRUE COPY OF THE LETTER DATED
02.04.2022 SENT BY THE PETITIONER TO
THE 4TH RESPONDENT.
EXHIBIT P23 TRUE COPY OF THE LETTER DATED
25.04.2022 SENT TO THE PETITIONER BY
THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.
