K.P. Alias vs Chief Engineer
2023 Latest Caselaw 4939 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. 12345 OF 2023
PETITIONER/S:

          K.P. ALIAS
          AGED 71 YEARS
          S/O. K.C. POULOSE, CONTRACTOR, KOORANTHAZHATHUPARAMBIL
          HOUSE, PEECHANIKKAD P.O., PULIYANAM, ANGAMALY,
          ERNAKULAM DISTRICT., PIN - 683572
          BY ADVS.
          BABU JOSEPH KURUVATHAZHA
          MOHAMMED SHAFI.K
          K.S.ARCHANA
          HRISHIKRISHNAN


RESPONDENT/S:

    1     CHIEF ENGINEER
          KERALA STATE RURAL ROADS DEVELOPMENT AGENCY (KSRRDA),
          LOCAL SELF GOVERNMENT (RD) DEPARTMENT, GOVERNMENT OF
          KERALA, 3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE
          COMPOUND, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM ., PIN
          - 695033
    2     EXECUTIVE ENGINEER
          PROGRAMME IMPLEMENTATION UNIT (PIU), LOCAL SELF
          GOVERNMENT DEPARTMENT, DSMS BUILDING, OLARIKKARA,
          PULLAZHY P.O., THRISSUR., PIN - 680012
    3     EXECUTIVE ENGINEER
          KERALA WATER AUTHORITY, PH DIVISION, THRISSUR ., PIN -
          680020


          R1 & R2 BY SR.GP-SMT. DEEPA NARAYANAN
          R3 BY SC- SRI. V.V. JOSHY


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12345 OF 2023
                                        -2-

                                 JUDGMENT

This writ petition is filed by the petitioner seeking the following

reliefs:-

"i. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1 st and 2nd respondents to sanction and disburse the maintenance fee, due to the petitioner, untrammeled by the pipe laying works executed by the 3 rd respondent for KWA, forthwith;

ii. issue a writ of mandamus or any other writ, order or direction commanding the 1st and 2nd respondents to consider and dispose of Ext.P8 and P7 representations, with notice to the petitioner forthwith;

iii. Issue such other writ, order or direction which may deem fit in the facts and circumstances of the case;

iv. dispense with the translation of the document produced in the Vernacular Language."

2. Petitioner is a contractor engaged by the Public Works

Department of the State Government. According to the petitioner,

petitioner is entitled to get the amount towards maintenance fee. In

order to ventilate the grievance, petitioner has submitted Ext.P8 WP(C) NO. 12345 OF 2023

before the 1st respondent, which his pending consideration. Petitioner

seeks direction for early consideration of Ext.P8.

Having heard the learned Counsel for the petitioner, Sri. Babu

Joseph Kuruvathazha, learned Senior Government Pleader,

Smt. Deepa Narayanan, and the learned Standing Counsel for the

Kerala Water Authority, Sri. V.V.Joshy, the writ petition is disposed

of, directing the 1st respondent to finalize Ext.P8, at the earliest, and at

any rate, within six weeks from the date of receipt of a copy of this

judgment, if required, after securing participation of the petitioner.

Sd/-

SHAJI P.CHALY JUDGE

uu 13.04.2023 WP(C) NO. 12345 OF 2023

APPENDIX OF WP(C) 12345/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 22.1.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 16.2.2018 EXECUTED BETWEEN THE 1ST RESPONDENT AND PETITIONER.

Exhibit P3 TRUE COPY OF THE MEMORANDUM OF WORKS TENDERED, COMPRISED IN EXT.P2 AGREEMENT. Exhibit P4 TRUE COPY OF THE LETTER DATED 16.2.2018 ISSUED BY THE 1ST RESPONDENT TO THE ACCOUNTANT GENERAL, KERALA.

Exhibit P5 TRUE COPY OF THE NOTICE DATED 16.2.2018 ISSUED BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE LETTER DATED 21.12.22 FORWARDED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 27.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 27.2.2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.