Thoppil Contractors (India) Pvt. ... vs Kerala Road Fund Board Project ...
2022 Latest Caselaw 6359 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. 14968 OF 2022
PETITIONER/S:

            THOPPIL CONTRACTORS (INDIA) PVT. LTD.
            THOLIKUZHY, ADYAMON.P.O,
            KILIMANOOR, THIRUVANANTHAPURAM-695614, REPRESENTED BY
            ITS MANAGING DIRECTOR,
            NIZAMUDEEN.A., PIN - 2022
            BY ADV AJITH KRISHNAN


RESPONDENT/S:

    1       KERALA ROAD FUND BOARD PROJECT MANAGEMENT UNIT
            SREEBALA BUILDING, TC.11/339, 5TH FLOOR, KESTON
            ROAD,NANTHANCODE, KOWDIAR.P.O, THIRUVANANTHAPURAM-
            695003.REPRESENTED BY ITS PROJECT DIRECTOR.
    2       THE EXECUTIVE ENGINEER
            KERALA ROAD FUND BOARD PROJECT MANAGEMENT UNIT,
            SREEBALA BUILDING,
            TC.11/339, 5TH FLOOR, KESTON ROAD, NANTHANCODE,
            KOWDIAR.P.O,
            THIRUVANANTHAPURAM-695003.
    3       KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB)
            2ND FLOOR, FELICITY SQUARE, MAHATMA GANDHI ROAD,
            STATUE,
            THIRUVANANTHAPURAM, KERALA 695001, REPRESENTED BY ITS
            CHIEF EXECUTIVE OFFICER.
    4       THE EXECUTIVE ENGINEER
            KERALA STATE ELECTRICITY BOARD LTD., NEDUMANGAD,
            THIRUVANANTHAPURAM-695541.
            BY ADV K.V.MANOJ KUMAR


OTHER PRESENT:

            SC FOR KIIFB S. CHANDRASEKHARAN NAIR; SC FOR KSEB
            K.S.ANIL


     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. 14968 OF 2022
                                  2



                           JUDGMENT

Dated this the 3rd day of June, 2022

The challenge in this writ petition is against Ext.P9 notice

inviting tender for the work of carrying out improvements to the

Vamanapuram - Chittar road. The alleged delay on the

petitioner's part has resulted in the work being re-tendered

under Ext.P9. The petitioners had approached this Court earlier

and by Ext.P5 judgment the time for executing the contract

was extended by 45 days. The learned Counsel for the

petitioner argued in extenso as to the reasons for not

completing the work within the time granted under Ext.P5

judgment. Learned Standing Counsel for the 1 st respondent

submitted that the reasons are frivolous and the attempt

through this writ petition is to get the time granted under

Ext.P5 extended. Having carefully perused Ext.P5 judgment, I

find that the prayer sought in this writ petition cannot be

granted since, that would, in effect, amount to modification or

review of Ext.P5 judgment. The petitioner should therefore seek

review or modification of the judgment, rather than filing a WP(C) NO. 14968 OF 2022

fresh writ petition.

The writ petition is hence closed, reserving the petitioners

right to seek appropriate remedy.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 14968 OF 2022

APPENDIX OF WP(C) 14968/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ACCEPTANCE ISSUED BY THE 1ST RESPONDENT DATED 23.12.2017 Exhibit P2 TRUE COPY OF THE LETTER OF THE ASSISTANT EXECUTIVE ENGINEER TO EXECUTIVE ENGINEER PWD ROAD SUB DIVISION DATED 10.08.2021. Exhibit P3 TRUE COPY OF THE LETTER OF TEAM LEADER (SOUTH) OF PROJECT MANAGEMENT UNIT KRFB TO THE 1ST RESPONDENT DATED 24.01.2022 Exhibit P4 TRUE COPY OF THE TERMINATION ORDER DATED 18.02.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 4/4/2022 IN W.P.(C)NO.5837/2022 AND W.P.(C)NO.6846/2022 Exhibit P6 TRUE COPY OF THE DATED 21/4/2022 SENT BY THE PETITIONER TO THE 1ST RESPONDENT PRODUCING THE MINUTES OF JOINT INSPECTION AND PHOTOGRAPH.

Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE INSTRUCTIONS AS PER LETTER DATED 25/08/2020 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE COMMENCEMENT OF THE WORK BY PETITIONER Exhibit P9 TRUE COPY OF THE RELEVANT PAGES OF THE TENDER NOTICE DATED 19/4/2022 Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 22/4/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.