Rajesh Mathew And Co vs State Of Kerala
2022 Latest Caselaw 6132 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                        WP(C) NO. 13827 OF 2022
PETITIONER/S:

          RAJESH MATHEW AND CO.
          CHERUMATTATHIL PLAZA, ARAKKUZHA ROAD JUNCTION,
          MUVATTUPUZHA, ERNAKULAM. REPRESENTED BY ITS MANAGING
          PARTNER, PIN - 686661
          BY ADVS.
          P.SHANES METHAR
          N.KRISHNA PRASAD


RESPONDENT/S:

    1     STATE OF KERALA
          PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY, PIN -
          695001
    2     KERALA ROAD FUND BOARD
          REPRESENTED BY ITS SECRETARY,
          SRIBALA BUILDINGS, T.C. 11/339, 5TH FLOOR, KESTON ROAD,
          NANDANCODE, KOWDIAR, THIRUVANANTHAPURAM. PIN - 695003
    3     THE PROJECT DIRECTOR
          PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, T.C.
          11/339, 5TH FLOOR, KESTON ROAD, NANDANCODE, KOWDIAR,
          THIRUVANANTHAPURAM., PIN - 695003
    4     KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB)
          2ND FLOOR, FELICITY SQUARE, STATUE JUNCTION,
          THIRUVANANTHAPURAM. REPRESENTED BY ITS CHIEF EXECUTIVE
          OFFICER., PIN - 695001
          BY ADVS.
          K.V.MANOJ KUMAR
          S.CHANDRASEKHARAN NAIR, SC, KIIFB
          SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD


OTHER PRESENT:

          GP AMMINIKUTTY K.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13827 OF 2022
                                 2

                   JUDGMENT

Dated this the 01st day of June, 2022

The petitioner, a works contractor, was awarded with

the work of improvement to Manjinikkara - Elavummthitta,

Kidangannoor - Mulakkuzha Road. As per the agreement

the work had to be completed within 12 months.

According to the petitioner, inspite of all efforts, he was

able to complete 90% of the work awarded. In the

meanwhile, the cost involved in execution of the work went

up substantially and it is now impossible to carry out the

balance portion of the tendered work. The petitioner

therefore submitted Ext.P4 representation seeking the

following request.

 Sanction the revised estimate urgently and finalize our

payment of works executed so far

 Pay us the eligible GST as per the Government Circular

No.90/2017/Fin dated 14.12.2017. WP(C) NO. 13827 OF 2022

 The execution of balance surfacing works at this stage at

the agreed rate of 2019 is not possible due to the increase

in the cost of materials and labour as the delay is not due

to any of our fault, but due to non shifting of KSEB

utilities and approval of revised estimate.

2. The limited relief now sought, is the expeditious

consideration of Ext.P14 representation. Learned Standing

Counsel for respondents 2 and 3 submitted that an

omnibus direction to consider Ext.P14 may lead to certain

legal issues as far as the respondents are concerned.

Hence, the representations can be considered, confined to

the prayer for foreclosure alone.

3. Learned Counsel for the petitioner clarified that

as of now, the petitioner is satisfied with a direction to

consider the request for foreclosure.

In the result, the Writ Petition is disposed of, directing

the third respondent to consider Ext.P14 confined to the

request for the foreclosure alone and to pass appropriate WP(C) NO. 13827 OF 2022

orders thereon within four weeks of receipt of a copy of

this judgment.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 13827 OF 2022

APPENDIX OF WP(C) 13827/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE INVITING TENDER

-PQ-TENDER NO.PMU-KRFB/T-15/2017-18 DATED 22.11.2017 OF 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE LETTER OF ACCEPTANCE NO.

40/PWD004-50/PD/PMU-KRFB/137R/PTA/2017 CATED 07.01.2019 ISSUED BY 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF AGREEMENT NO. 77/PWD004-

50/PD/PMU-KRFB/2018-19 DATED 8.02.2019 Exhibit P4 TRUE COPY OF LETTER NO. D1-2016/4536 DATED 31.10.2019 Exhibit P5 TRUE COPY OF LETTER NO.

GEN-125/2018/PMU - KRFB DATED 24.05.2019 OF THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE LETTER NO. 40/PWD004 -

50/PD/PMU - KRFB/137R/PTA/2017 DATED 17.09.2019 OF THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE LETTER NO.

RMC/KIIFB(I)/2019/12 DATED 21.09.2019 OF THE PETITIONER Exhibit P8 TRUE COPY OF THE LETTER NO.

RMC/KIIFB(I)/2019/16 DATED 9.11.2019 OF THE PETITIONER Exhibit P9 TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER FOR EXTENSION OF TIME Exhibit P10 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT EXTENDING TIME OF COMPLETION Exhibit11 TRUE COPY OF THE OBSERVATION MEMO NO.4 DATED 13.11.2020 OF THE TECHNICAL TEAM OF 4TH RESPONDENT Exhibit P12 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 03.08.2021 Exhibit P13 TRUE COPY OF THE REVISED ESTIMATE DATED 22.01.2022 Exhibit P14 TRUE COPY OF THE REPRESENTATION DATED 15.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.(LETTER NO. WP(C) NO. 13827 OF 2022

RMC/KIIFB(I)/2019/55)