D.Prajaraj vs State Of Kerala
2022 Latest Caselaw 7712 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE V.G.ARUN
            TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
                             WP(C) NO. 20943 OF 2022
PETITIONER:

              D.PRAJARAJ
              AGED 63 YEARS, S/O. DAMODARAN, CONTRACTOR,
              RESIDING AT THUNDIL RAJ BHAVAN, OLIPPIL PUTHIYAKAVU,
              KILIMANOOR, THIRUVANANTHAPURAM - 695 601.

              BY ADV. K.M.MUHAMMED HUSSAIN


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
              DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001
     2        THE KERALA INSTITUTE OF LOCAL ADMINISTRATION,
              REPRESENTED BY ITS CHIEF MANAGER,
              KILA REGIONAL CENTRE, KUMARAPURAM,
              THIRUVANANTHAPURAM, PIN 695 011.
     3        THE CHIEF MANAGER,
              KILA REGIONAL CENTRE, KUMARAPURAM,
              THIRUVANANTHAPURAM, PIN 695 011.
     4        THE ASSISTANT EXECUTIVE ENGINEER,
              LSGD SUB-DIVISION, KILIMANOOR BLOCK PANCHAYATH,
              KILIMANOOR P.O, THIRUVANANTHAPURAM, PIN 695 601.
     5        THE ASSISTANT ENGINEER,
              LSGD ENGINEERING WING, NAGAROOR GRAMA PANCHAYATH,
              THIRUVANANTHAPURAM, PIN-695 605.


              BY ADVS. AMMINIKUTTY.K., GOVERNMENT PLEADER
              V.A.MOHAMMED, STANDING COUNSEL FOR KILA



     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20943 OF 2022
                                       2




                                 JUDGMENT

Dated this the 28th day of June, 2022

The petitioner, a Government Contractor, was

awarded with the work of constructing a building for

the Government High School, Nagaroor. The period of

contract was fixed as nine months from the date of

award of contract (30.06.2021). The petitioner was

unable to commence the work, since approval was not

granted by the 2nd respondent. The petitioner therefore

submitted Ext.P5, requesting to relieve him from the

contract. On the request being rejected by Ext.P6,

petitioner again submitted Ext.P10 representation,

pointing out the difficulties in commencing and

continuing the work. The limited relief sought is the

expeditious consideration of Ext.P10 and to defer the

coercive action, if any proposed, till such time.

2. Heard learned Counsel for the petitioner,

Standing Counsel for the 2nd respondent and the

Government Pleader.

3. Taking into account the limited relief sought WP(C) NO. 20943 OF 2022

and the explanation offered for not completing the

work within the contract period, it is only appropriate

for the 3rd respondent to consider Ext.P10 before

proceeding further.

The writ petition is hence disposed of, directing

the 3rd respondent to consider Ext.P10 representation

and take a reasoned decision thereon, as expeditiously

as possible and at any rate, within one month of

receipt of a copy of this judgment. Till the decision is

taken, coercive action, if any proposed against the

petitioner, shall be kept in abeyance. To effectuate

proper consideration of the representation, petitioner

shall produce a copy of the writ petition along with

certified copy of the judgment.

Sd/-

V.G.ARUN

JUDGE NB/28-6 WP(C) NO. 20943 OF 2022

APPENDIX OF WP(C) 20943/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE AGREEMENT DATED 30.06.2021 EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED 16.10.2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT SEEKING APPROVAL OF THE DRAWINGS DATED 12.11.2021 EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 16.11.2021 EXHIBIT P5 TRUE COPY OF THE LETTER DATED 27.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE LETTER DATED 15.02.2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE RELEVANT PORTION OF THE GENERAL CONDITIONS OF CONTRACT EXHIBIT P8 THE TRUE COPY OF THE RELEVANT PAGES OF PWD MANUAL EXHIBIT P9 THE TRUE COPY OF THE LETTER DATED 01.12.2021 ISSUED BY THE FEDERAL BANK KILIMANOOR BRANCH TO 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE REPLY DATED 21.02.2022 EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WP(C)NO.21159 OF 2021 DATED 17.01.2022

RESPONDENTS' EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE