K.M Jalal vs The Chief Engineer
2022 Latest Caselaw 6357 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
            FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                             WP(C) NO. 16067 OF 2022
PETITIONER:

              K.M JALAL,
              AGED 65 YEARS
              S/O.MOHAMMED KANNANCHAKKASSERIL HOUSE,
              PATTANAM, VADAKKEKKARA P.O.,
              NORTH PARAVUR, ERNAKULAM DISTRICT,
              PIN-680352.
              BY ADVS.
              A.G.VISWAMBHARAN
              P.M.ABDUL JALEEL


RESPONDENTS:

     1        THE CHIEF ENGINEER,
              HARBOR ENGINEERING DEPARTMENT,
              THIRUVANANTHAPURAM. PIN 695 009.
     2        THE SUPERINTENDING ENGINEER,
              HARBOR ENGINEERING DEPARTMENT, NORTHERN REGION,
              ELATHUR.P.O. PUTHIYANIRATH, KOZHIKODE.673 303.
     3        THE EXECUTIVE ENGINEER,
              HARBOUR ENGINEERING DEPARTMENT, HARBOUR ENGINEERING
              DIVISION, PONNANI, MALAPPURAM DISTRICT, KERALA,
              PIN- 679583.
              BY ADV. SRI. P.S. APPU, GOVERNMENT PLEADER



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16067 OF 2022
                                         2




                                 JUDGMENT

Dated this the 03rd day of June, 2022

The petitioner has been granted the right to

collect toll at the Ponnani Fishing Harbour for a

period of one year commencing from 09.05.2022.

The right for collecting toll was auctioned for an

amount of Rs.24,11,100/-. As per the tender

conditions, the petitioner has to enter into an

agreement with the respondents after remitting

50% of the amount, which comes to

Rs.12,05,550/-, before 19.05.2022. This writ

petition is filed seeking a direction to the

respondents to provide an opportunity to remit

the 50% in 12 equal monthly instalments.

2. Learned Counsel for the Petitioner

submitted that in a similar case, this Court had

passed an order permitting the contractor therein

to remit the amount in installments. It is

submitted that due to the spread of COVID-19 WP(C) NO. 16067 OF 2022

pandemic and resultant lockdown, the petitioner's

previous contract for toll collection became

unviable and hence, the petitioner is facing

extreme financial difficulties.

3. Learned Government Pleader opposed the

request for grant of instalments and pointed out

that the petitioner had committed default with

respect to the previous contract and had remitted

the due amount only after much persuasion.

Being so, there is no guarantee that the petitioner

will pay the entire amount, if instalment facility is

granted to him.

4. Having heard the learned Counsel on

either side and taking into account the fact that

the petitioner had committed default with respect

to the previous contract, I am not inclined to

direct the respondent to extend the facility of

instalments to the petitioner.

In the result, the writ petition is dismissed. It

is made clear that dismissal of this writ petition WP(C) NO. 16067 OF 2022

will not stand in the way of the petitioner

approaching the authorities directly, seeking

instalment facility.

Sd/-

V.G.ARUN

JUDGE NB/3-6 WP(C) NO. 16067 OF 2022

APPENDIX OF WP(C) 16067/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE LETTER A4/57491/CE/09/05/2022 AWARDING CONTRACT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE AGREEMENT DT.30/07/2021 BETWEEN THE RESPONDENTS AND CONTRACTOR OF NEENDAKARA FISHING HARBOUR, KOLLAM.

RESPONDENTS' ANNEXURES

ANNEXURE R3(A) A TRUE COPY OF LETTER DATED 08.12.2021 ISSUED TO THE FEDERAL BANK, WHO PROVIDED THE BANK GUARANTEE

TRUE COPY

P.A TO JUDGE