C. Manikantan vs Kerala State Mineral Development ...
2022 Latest Caselaw 5079 Ker

WP(C) No.15483/2022                            1/4

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                             THE HONOURABLE MR. JUSTICE GOPINATH P.
                      Friday, the 6th day of May 2022 / 16th Vaisakha, 1944
                                   WP(C) NO. 15483 OF 2022(I)
   PETITIONER:

          C. MANIKANTAN AGED 54 YEARS S/O. CHAMI,RAMALATH HOUSE,
          PERUMADADIKALAM, EDDUPUKULAM, PALAKKAD 678 556

   RESPONDENTS:

      1. KERALA STATE MINERAL DEVELOPMENT CORPORATION (KEMDEL) REPRESENTED BY
         ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM 695 001
      2. THE DISTRICT COLLECTOR PALAKKAD(CHAIRMAN, CORE COMMITEE FOR MINING
         SAND FROM THE DAMS IN PALAKKAD DISTRICT), KENATHUPARAMBU,
         KUNATHURMEDU, PALAKKAD 678 013

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to direct the respondent Corporation to release the admitted bill
   amount to the petitioner for the work executed as per Exhibit P1 agreement
   and also as per Exhibit P2 judgment, pending disposal of the above Writ
   Petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.P.K.BABU Advocate for the petitioner and of STANDING COUNSEL for
   respondents, the court passed the following:
 WP(C) No.15483/2022                              2/4




                                       GOPINATH P., J.
                                     -------------------------------
                                    W.P.(C) No.15483 of 2022
                                  --------------------------------------
                                 Dated this the 06th day of May, 2022




                                              ORDER

Admit.

2. Standing counsel takes notice for the respondents. He seeks

time to get instructions.

3. The petitioner was engaged as a contractor for mining and

removing sand and silt from Walayar dam. The petitioner submits that

he has completed the work entrusted to him. It is also submitted that

payments are due from the Corporation to the petitioner for the work

done by him. It is further submitted that the Corporation has now

engaged new contractor and if the new contractor commences mining

operations and deposits the sand and silt near to the place where the

petitioner has deposited sand and silt, the quantification of the work

done by the petitioner will be difficult.

Taking note of the above submission of the learned counsel for the

petitioner there will be an interim order directing the respondent

Corporation to ensure that before the new contractor deposits sand and WP(C) No.15483/2022 3/4

silt pursuant to the contract awarded to him, the amount of sand and silt

removed by the petitioner shall be quantified with notice to the

petitioner.

Sd/-

GOPINATH P.

                                                           JUDGE
             Skk/6.5.22




06-05-2022                         /True Copy/                            Assistant Registrar
 WP(C) No.15483/2022                 4/4

                       APPENDIX OF WP(C) 15483/2022
Exhibit P1            TRUE COPY OF THE AGREEMENT DATED 21-08-2010 BETWEEN

PETITIONER AND RESPONDENT CORPORATION Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 12-08-2020 IN WRIT PETITIONER (C) 13687/2020