M.T.Abdul Kabeer vs State Of Kerala
2023 Latest Caselaw 4817 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                        WP(C) NO. 42341 OF 2022
PETITIONER/S:

          M.T.ABDUL KABEER
          AGED 39 YEARS
          S/O. M.T. MUHAMMED KUNHI, CONTRACTOR, ARAFATH MANZIL,
          BEVINJA, THEKKIL FERRY P.O., KASARAGOD DISTRICT, PIN -
          671 541.
          BY ADVS.
          BABU JOSEPH KURUVATHAZHA
          K.M.SHANAVAS


RESPONDENT/S:

    1     STATE OF KERALA REPRESENTED BY ITS SECRETARY TO
          GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     CHIEF ENGINEER,
          PUBLIC WORKS DEPARTMENT (ROADS), PUBLIC OFFICES, VIKAS
          BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695 033.
    3     SUPERINTENDING ENGINEER,
          PUBLIC WORKS DEPARTMENT, ROADS & BRIDGES NORTH CIRCLE,
          PWD COMPLEX, MANANCHIRA, KOZHIKODE, PIN-673 001.
    4     EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS
          DIVISION, KOZHIKODE, PIN-673 001.
    5     ASSISTANT EXECUTIVE ENGINEER,
          PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, VATAKARA,
          KOZHIKODE DISTRICT, PIN-673 101.
    6     ASSISTANT ENGINEER,
          PUBLIC WORKS DEPARTMENT, ROAD SECTION, KUTTIADY,
          KOZHIKODE DISTRICT, PIN-673 508.


          SR.GP SMT. DEEPA NARAYANAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, ALONG WITH WP(C).6062/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOS. 42341 OF 2022 & 6062 OF 2023


                            -2-



          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
 THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                   WP(C) NO. 6062 OF 2023
PETITIONER/S:

         M.T. ABDUL KABEER
         AGED 39 YEARS
         S/O. M.T. MUHAMMED KUNHI, CONTRACTOR, ARAFATH
         MANZIL, BEVINJA, THEKKIL FERRY P.O., KASARAGOD
         DISTRICT., PIN - 671541
         BY ADV BABU JOSEPH KURUVATHAZHA


RESPONDENT/S:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC
         WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM., PIN - 695001
    2    CHIEF ENGINEER
         PUBLIC WORKS DEPARTMENT (ROADS), PUBLIC OFFICE
         COMPLEX, PUBLIC OFFICE P.O., THIRUVANANTHAPURAM .,
         PIN - 695033
    3    SUPERINTENDING ENGINEER
         PUBLIC WORKS DEPARTMENT, ROADS & BRIDGES NORTH
         CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE., PIN -
         673001
    4    EXECUTIVE ENGINEER
         PUBLIC WORKS DEPARTMENT, ROADS DIVISION,
         KOZHIKODE., PIN - 673001
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, ALONG WITH WP(C).42341/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS. 42341 OF 2022 & 6062 OF 2023


                                 -3-



                             JUDGMENT

[WP(C) Nos.42341/2022, 6062/2023]

These writ petitions are materially connected in respect of a

contracts awarded to the petitioner for effecting improvements to

"Kallachi - Valayam - Chuzhali - Puthukkayam Road at Km 7/000 to

11/200 in Kozhikode District". Case of the petitioner is that, petitioner

has completed the work to the satisfaction of the State Public Works

Department (PWD), however, no action is taken to certify the bill

raised by the petitioner. Even though petitioner has submitted various

representations, no action was initiated, which persuaded the

petitioner to approach this Court by filing W.P.(C)No.42341/2022.

Learned Counsel for the petitioner submitted that it would suffice if a

direction is issued to the Superintendent Engineer, Public Works

Department, Roads & Bridges, North Circle, Kozhikode, to consider

Ext.P20 representation dated 09.12.2022.

2. During the pendency of this writ petition, petitioner

challenged an order passed by the Superintendent Engineer, Public WP(C) NOS. 42341 OF 2022 & 6062 OF 2023

Works Department, Roads & Bridges, North Circle, Kozhikode, dated

04.06.2021, with respect to the work awarded to the petitioner for

providing BM-BC to Kalmandapam Kalpathi road KM.1/500 and

junction improvements in Palakkad District, whereby, cautioning the

petitioner to terminate the said work if the petitioner is not

completing the work at the earliest possible. According to the

petitioner, even though the notice is dated 04.02.2023, the said work

is not terminated so far. It is further submitted that, if the petitioner

is paid the bill amount in respect of the agreement executed by the

petitioner in respect of the work at Kozhikode District, petitioner

would be able to raise sufficient funds to complete the work at

Palakkad District. Therefore, learned Counsel for the petitioner

submitted that a direction may be issued to Consider Ext.P20

representation produced along with the 1st writ petition within a time

frame, and if there are no other legal impediments, release the bill

amount to the petitioner which would enable the petitioner to carry on

the work in Palakkad District.

3. I have heard the learned Counsel for the petitioner, Sri. Babu WP(C) NOS. 42341 OF 2022 & 6062 OF 2023

Joseph Kuruvathazha, and the learned Senior Government Pleader,

Smt. Deepa Narayanan, and perused the pleadings and material on

record.

4. The deliberation of facts made above would make it clear that,

even though various contentions are raised by the petitioner,

petitioner has confined the relief to disposal of Ext.P20 representation

dated 09.12.2022, pending before the Superintendent Engineer,

Public Works Department, Roads & Bridges, North Circle, Kozhikode

District - the 3rd respondent - produced along with W.P.

(C)No.42341/2022.

5. Accordingly, there will be a direction to the 3rd respondent to

consider Ext.P20 representation and attain finality to the same within

one month from the date of receipt of a copy of this judgment, after

providing an opportunity of hearing and participation to the

petitioner. If it is found that the bill amounts are due to the petitioner

and there are no other legal impediments standing in the way, the bill

amount may be released to the petitioner, within one month

thereafter. If the petitioner is not starting the work within two months WP(C) NOS. 42341 OF 2022 & 6062 OF 2023

as directed above, the respondents will be at liberty to take further

action against the petitioner in continuation of Ext.P16 dated

04.02.2023, in W.P.(C)No.6062/2023.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE

uu 13.04.2023 WP(C) NOS. 42341 OF 2022 & 6062 OF 2023

APPENDIX OF WP(C) 6062/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SELECTION NOTICE DATED 3.10.2017 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE PROCEEDING OF THE 3RD RESPONDENT DATED 1.3.2018, ACCEPTING THE AGREEMENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 28.9.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 5.11.2019 ISSUED BY THE ASSISTANT ENGINEER, PWD, ROADS SECTION, KUTTIADY.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 30.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER DATED 8.7.2020 ISSUED BY THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 7.8.2020 IN W.P.(C) NO.15619/2020.

Exhibit P8 TRUE COPY OF THE ORDER DATED 1.1.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 18.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 16.2.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P11 TRUE COPY OF THE PROCEEDING DATED 7.4.2022 OF THE 2ND RESPONDENT.

Exhibit P12 TRUE COPY OF THE DIRECTION DATED 13.5.2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 9.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

WP(C) NOS. 42341 OF 2022 & 6062 OF 2023

Exhibit P14 TRUE COPY OF THE SELECTION NOTICE DATED 4.6.2021 ISSUED BY THE 3RD RESPONDENT. Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 27.1.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P16 TRUE COPY OF THE LETTER NO.D.C.03/2019/1506 DATED 4.2.2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED 10.2.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P18 TRUE COPY OF THE REPRESENTATION DATED 17.2.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

WP(C) NOS. 42341 OF 2022 & 6062 OF 2023

APPENDIX OF WP(C) 42341/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SELECTION NOTICE DATED 3.10.2017 ISSUED BY THE 3RD RESPONDENT. Exhibit P2 TRUE COPY OF THE PROCEEDING OF THE 3RD RESPONDENT DATED 1.3.2018, ACCEPTING THE AGREEMENT.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 28.9.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 19.2.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 3.4.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 25.4.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 3.8.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 15.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER DATED 5.11.2019 ISSUED BY THE 6TH RESPONDENT.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 30.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 3.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED 25.6.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P13 TRUE COPY OF THE ORDER DATED 8.7.2020 WP(C) NOS. 42341 OF 2022 & 6062 OF 2023

ISSUED BY THE 3RD RESPONDENT.

Exhibit P14 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 7.8.2020 IN W.P.(C) NO.15619/2020.

Exhibit P14(A) TRUE COPY OF THE REPRESENTATION DATED 14.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P15 TRUE COPY OF THE ORDER DATED 1.1.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 18.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P17 TRUE COPY OF THE REPRESENTATION DATED 16.2.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P18 TRUE COPY OF THE PROCEEDING DATED 7.4.2022 OF THE 2ND RESPONDENT.

Exhibit P19 TRUE COPY OF THE DIRECTION DATED 13.5.2022 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 9.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P21 TRUE COPY OF THE SELECTION NOTICE DATED 4.6.2021 ISSUED BY THE 3RD RESPONDENT.