Marysadan Projects Pvt. Ltd vs State Of Kerala
2022 Latest Caselaw 10171 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
   THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                        WP(C) NO. 28841 OF 2022
PETITIONER/S:

          MARYSADAN PROJECTS PVT. LTD
          MARYSADAN BUILDING, NEELEESWARAM P.O.,KALADY, ERNAKULAM
          -683574 REPRESENTED BY ITS MANAGING DIRECTOR BIBY BABY,
          W/O.SUBIN GEORGE, AGED 30 YEARS, NEELEESWARAM P.O.,
          KALADY, ERNAKULAM -683574
          BY ADVS.
          K.J.MANU RAJ
          K.VINAYA


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM -695 001
    2     THE ADDITIONAL CHIEF SECRETARY,
          FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -
          695 001
    3     THE SECRETARY,
          REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -
          695 001
    4     PRINCIPAL SECRETARY,
          PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM -695 001
    5     THE CHIEF ENGINEER,
          PWD ROADS, THIRUVANANTHAPURAM -695 001
    6     SUPERINTENDING ENGINEER
          PWD ROADS, CENTRAL CIRCLE,ALUVA- 683101
    7     EXECUTIVE ENGINEER,
          PWD ROADS DIVISION, THRISSUR-680 020
    8     ASSISTANT EXECUTIVE ENGINEER,
          PWD ROADS SUBDIVISION, IRINJALAKUDA, THRISSUR DISTRICT
          -680 020
    9     ASSISTANT ENGINEER
          PWD ROADS, SECTION,CHALAKUDY, THRISSUR DISTRICT-680 025
OTHER PRESENT:

          GP RAJEEV JYOTHISH GEORGE
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28841 OF 2022
                                2

                  JUDGMENT

Dated this the 15th day of September, 2022

The petitioner completed the road work of Chalakudy

- BM & BC to Chalakudy - Vellikulangara road Ch10/300 to

12/600 and submitted his part bill in August, 2022. The

petitioner has also submitted part bills for flood

rectification works - providing BM and BC to Kulluthi -

Kalavarakadavu road - 0/000 to 3/000 on July 2022. The

petitioner's grievance is that despite taking measurements

and drawing up the bills, they are not being forwarded by

the officers of the PWD, due to malfunction of the Price

Software.

2. Learned Counsel for the petitioner submits that

the delay in uploading the bills visits the petitioner with

adverse civil consequence and will also entail in the

petitioner losing seniority in the matter of submission of

bills for clerance. It is contended that the officials of the

respondents themselves are admitting that the Price WP(C) NO. 28841 OF 2022

Software is not functional at present.

3. Learned Senior Government Pleader submitted

that the Price Software is being updated consequent to

revision in GST and the process will be completed without

delay. It is submitted that the measurement of the works

carried out by the petitioner having been taken and bill

prepared, delay in uploading the bills will not result in the

petitioner losing seniority.

In view of the above submission, the Writ Petition is

disposed of, directing the competent among the

respondents to upload the petitioner's part bills through

Price Software, immediately on the software becoming

functional and to ensure that the delay in uploading the

bills does not result in the petitioner losing seniority in

submitting the bills for clearance. The above direction is

subject to the condition that the petitioner being otherwise

eligible for the amounts due under the bills.

Sd/- V.G.ARUN JUDGE RK WP(C) NO. 28841 OF 2022

APPENDIX OF WP(C) 28841/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION DATED 20/7/2021 ISSUED BY THE SUPERINTENDING ENGINEER, PWD ROADS CENTRAL CIRCLE, ALUVA Exhibit P2 TRUE COPY OF THE COMMUNICATION BY DATED 26/2/2021 ISSUED THE SUPERINTENDING ENGINEER, PWD ROADS CENTRAL CIRCLE, ALUVA.

Exhibit P3 A TRUE COPY OF THE LETTER OF ACCEPTANCE FOR RESTORATION WORK OF RESTORATION WORKS DUE TO THE LAYING OF D1 & PVC PIPE; LINE BY KWA FROM PUMP JUNCTION TO PARK JUNCTION IN ALUVA PERUMBAVOOR ROAD AND -NON PLAN ROAD WORKS 2020 -21 - RESURFACING OF PERUMBAVUR ALUVA ROAD ( THOTTUMUGHAM BRIDGE TO BANK JUNCTION) ISSUED BY THE 6TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 26.2.2021 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED

26. 7. 2022 SUBMITTED BY THE PETITIONER POINTING OUT THAT PART BILL BE SANCTIONED AT THE EARLIEST.

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 27/8/2022 TO THE RESPONDENTS.

Exhibit P7 A TRUE COPY OF THE FURTHER REPRESENTATION DATED 30/7/2022 SUBMITTED BY THE PETITIONER TO THE ADDRESSEES MENTIONED THEREIN Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 23.7.2022 ISSUED BY 5TH RESPONDENT TO THE 2ND AND 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 11.8.2022 ISSUED BY THE 6TH RESPONDENT. Exhibit P10 A TRUE COPY OF THE COMMUNICATION DATED 13.9.2022 TO THE PETITIONER FROM THE 8TH RESPONDENT.

WP(C) NO. 28841 OF 2022