Thenmala Maramathu Labour ... vs Union Of India
2022 Latest Caselaw 5951 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
             THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                         WP(C) NO. 4258 OF 2015
PETITIONER/S:
           THENMALA MARAMATHU LABOUR CONTRACT CO-OPERATIVE SOCIETY
           LTD.NO.Q-1387, EDAMON P.O., PUNALUR - 691 307
           REPRESENTED BY ITS PRESIDENT D.PRINCE.

            BY ADVS.
            SRI.T.V.AJAYAKUMAR
            KUM.P.H.RIMJU


RESPONDENT/S:
     1     UNION OF INDIA, REPRESENTED BY THE SECRETARY TO
           GOVERNMENT, MINISTRY OF FINANCE, NEW DELHI - 110 001.

     2      STATE OF KERALA REPRESENTED BY THE SECRETARY TO
            GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

     3      THE DIVISIONAL FOREST OFFICER,
            PUNALUR KOLLAM DISTRICT-691 307.

     4      VASUDEVA KURUP, PALAZHI CHADAYAMANGALAM P.O.
            KOLLAM DISTRICT - 691 307.

     5      R.SUGATHAN, MANGALATHU HOUSE
            URUKUNNU P.O. PUNALUR, KOLLAM - 691 307.

     6      SABU KURIAKOSE, KANNATHANAM,
            URUKUNNU P.O. PUNALUR, KOLLAM - 691 307.

    *7      K.A.SCARIA, GENERAL SECRETARY,
            LABOUR CONTRACT CO-OPERATIVE SOCIETY WELFARE ASSOCIATION,
            V.S.BUILDING, P.O.MANNANTHALA, THIRUVANANTHAPURAM.
            (* IS IMPLEADED AS PER ORDER DTD.6.4.15 IN I.A.NO.4935/15)

            BY ADVS.
            ASSISTANT SOLICITOR GENERAL
            GOVERNMENT PLEADER SRI.K.M.FAISAL
            SRI.ANCHAL C.VIJAYAN
            SRI.M.SASINDRAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 4258 OF 2015




                         JUDGMENT

The challenge in this writ petition is with regard to a

contract work awarded to respondents 4 to 6, pursuant

to Ext.P5 tender notification dated 10.12.2014.

2. This Court by order dated 24.03.2015, permitted

respondents 4 to 6 to complete the construction subject

to the final outcome of the writ petition. It was further

directed that the payment to the party respondents shall

be made only after getting further orders from this

Court. After the completion of the work, this Court

ordered release of payment to the petitioner, if the

payment is otherwise in order.

3. Heard the learned Counsel for the petitioner and

the respondents.

4. The tender was floated in the year 2014 and the

work is already over and the payment for the work is WP(C) NO. 4258 OF 2015

already released to the respondents 4 to 6.

Therefore, leaving open the contentions of the

petitioner, the writ petition is closed.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB/31/05/2022 WP(C) NO. 4258 OF 2015

APPENDIX OF WP(C) 4258/2015

PETITIONER EXHIBITS

P1:-TRUE COPY OF THE GO(MS)NO135/97/CO-OP DTD 13/11/1997

P2:-TRUE COPY OF THE JUDGMENT DTD 5/2/2009 OF THIS HON'BLE COURT IN WPC NO 35427/08

P3:-TRUE COPY OF THE GO(MS)NO 44/4/PWD DTD 19/3/2004

P4:TRUE COPY OF THE JUDGMENT DTD 19/7/2013 OF THIS HON'BLE COURT IN WPC NO 15164/2013

P5:-TRUE COPY OF THE TENDER NOTIFICATION DTD 10/12/2014 ISSUED BY THE 3RD RESPONDENT

P6:-TRUE COPY OF REPRESNETATION DTD 22/1/2015 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

P7:TRUE COPY OF THE REPLY DTD 24/1/2014 GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER

P8:-TRUE COPY OF THE GO NO 1001/13/PWD DTD 17/7/2013

P9:-TRUE COPY OF THE COUNTER AFFIDAVIT DTD 25/6/2013 FILED BY AEE PWD IN WPC 15164/14

P10-TRUE COPY OF THE ORDER DTD.31.10.13 OF THIS HON'BLE COURT IN R.P.NO.809/13

P11-TRUE COPY OF THE PHOTOGRAPH OF THE WORK SITE IN RESPECT OF TENDER NO.05/14-15 IN EXT.P5

EXT.P12-TRUE COPY OF THE MEMORANDUM DATED 23.9.09 ISSUED BY THE CPIO FOR THE COORPORATIVE DIVISION OF THE GOVERNEMNT OF INDIA.

RESPONDENTS EXTS.

EXT.R5A TRUE COPY OF THE ORDER P;L1-5822/2014 DATED WP(C) NO. 4258 OF 2015

2.2.15 ISSUED BY THE 3RD RESPONDENT

EXT.R5B TRUE COPY OF THE ORDER P.L1-5821/2014 DATED 2.2.15 ISSUED BY THE 3RD RESPONDENT

EXT.R5C TRUE COPY OF THE ORDER P.L1-5852/2014 DATED 2.2.15

EXT.R5D TRUE COPY OF THE ORDER P.L1-5999/2014 DATED 2.2.15 ISSUED BY THE 3RD RESPONDENT.

EXT.R2A GO(RT) NO.255/2004/F&PD DATED 29.06.04 ISSUED BY FISHERIS & PORT DEPARTMENT