Kerala High Court
P.N. Shanavas vs State Of Kerala on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 7992 OF 2023
PETITIONER:
P.N. SHANAVAS
AGED 40 YEARS
PROPRIETOR, M/S. DEENS GROUP, DOOR NO. 23/130-D2,
IIND FLOOR, MARVEL PLAZA BUILDING, HMT ROAD
KALAMASSERY, ERNAKULAM, KERALA ., PIN - 683104
BY ADV SANTHOSH MATHEW
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIES, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695 001
2 KERALA STATE ELECTRICITY BOARD LIMITED
VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM,
REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 695004
3 CHIEF ENGINEER (CIVIL CONSTRUCTION) SOUTH
CONSULTANCY WING, VYDYUTHI BHAVAN, PATTOM,
THIRUVANANTHAPURAM., PIN - 695004
4 SUPERINTENDING ENGINEER (I/C)
CONSULTANCY WING, KSEBL, EDAYAR,
ERNAKULAM., PIN - 683502
5 ASSISTANT ENGINEER (I/C)
CONSULTANCY WING, KSEBL, EDAYAR,
ERNAKULAM,, PIN - 683502
6 DIRECTORATE OF INDUSTRIES & COMMERCE
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM,
REPRESENTED BY ITS DIRECTOR (INDUSTRIES &
COMMERCE)., PIN - 695003
7 ADDL.R7. KERALA BUREAU OF INDUSTRIAL PROMOTION
2, VIDHYA NAGAR, OPP. POLICE GROUND, THYCAUD P.O.,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS
WP(C) NO.7992 OF 2023
2
EXECUTIVE DIRECTOR. [IS IMPLEADED AS PER ORDER
DATED 02.06.2023 IN I.A.1/2023 IN
WP(C)7992/2023.]
OTHER PRESENT:
SRI. NIRMAL S. (KSEB),
SRI. P.SANTHOSH KUMAR, SPL. GP (INDUSTRIES) FOR
ADDL. R7,
SRI. B.S. SYAMANTAK GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.7992 OF 2023
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C) No.7992 of 2023
----------------------------------------------
Dated this the 14th day of August, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
" i) Issue a writ of mandamus or any other appropriate
writ order or direction, commanding the Respondents to
pay the Petitioner for the work done in accordance with
Ext. P9 and P10 bills within a time limit prescribed by this
Hon'ble Court.
ii) Issue such other appropriate writ order or direction
which this Hon'ble Court may deem fit and just under the
circumstances of the case."[SIC]
2. A counter affidavit is filed by the additional 7 th
respondent. It will be better to extract paragraph Nos. 13,
14 and 16 of the above said counter affidavit:
WP(C) NO.7992 OF 2023
"13. It is submitted that the Directorate of Industries &
Commerce vide Proceedings No. DIC/14330/2018-ID3 dated
May 28, 2022 directed Kerala Bureau of Industrial Promotion
(KBIP) to release an amount of Rs.1,31,84,249/- (Rupees One
Crore Thirty One Lakhs Eighty Four Thousand Two Hundred
and Forty Nine only) to M/s. Deens Group towards the
expenses incurred for the development of Roads and Drains
at IDA in Edayar, Ernakulam. A true copy of the Proceedings
No. DIC/14330/2018-ID3 dated May 28, 2022 is produced
herewith an marked as Exhibit R7(c). Accordingly, after
statutory deductions, KBIP released an amount of
Rs.1,14,42,767/- (Rupees One Crore Fourteen Lakhs Forty
Two Thousand Seven Hundred and Sixty Seven only) to
M/s.Deens Group on June 2, 2022. The details are as
mentioned below:
Sl.No. Description Amount in Rs.
Total value of work done 1,09,94,204
GST 13,19,304
Total 1,23,13,508
WP(C) NO.7992 OF 2023
Deductions
1 Retension 2,44,181
2 Income Tax @ 1% 2,41,970
3 TDS SGST @ 1% 1,23,242
4 TDS CGST @ 1% 1,23,242
5 Kerala Construction Workers 1,38,106
Welfare Fund @ 1%
Total (1+2+3+4+5) 8,70,741
Net Amount Paid to M/s. 1,14,42,767
Deens Group
14. It is submitted that the Director of Industries & Commerce
vide Proceedings No. DIC/14330/2018-ID3 dated January
10, 2023 directed Kerala Bureau of Industrial Promotion
(KBIP) to release an amount of Rs.1,44,97,387/- (Rupees One
Crore Forty Four Lakhs Seven Thousand Three Hundred and
Eighty Seven only) to M/s. Deens Group towards the
construction of Road and Drains as part of the project. A true
copy of the Proceedings No.DIC/14330/2018-ID3 dated
January 10, 2023 is produced herewith an marked as
Exhibit R7(d). The balance amount available with KBIP for
WP(C) NO.7992 OF 2023
the implementation of the project was only Rs.98,19,226/-
(Rupees Ninety Light Lakhs Nineteen Thousand Two Hundred
and Twenty Six only). Accordingly, after statutory deductions,
KBIP released an amount of Rs.91,24,868/- (Rupees Ninety
One Lakhs Twenty Four Thousand Eight Hundred and Sixty
Eight only) to M/s. Deens Group on January 19, 2023 and the
details are as mentioned below:
Sl. No. Description Amount in Rs.
(i) Value of work done by M/s. Deens 87,67,166
Group based on the funds
presently available with KBIP
(ii) GST @ 10,52,060
Total 98,19,226
Deductions
(iii) Retension 2,45,481
(iv) Income Tax @ 2% 1,75,343
(v) TDS CGST @ 1% 87,671
(vi) TDS SGST @ 1% 87,671
(vii) Kerala Construction Workers 98,192
Welfare Fund @ 1%
Total (iii+iv+v+vi+vii) 6,94,358
WP(C) NO.7992 OF 2023
Net Amount payable to the 91,24,868
Contractor
16. The balance payment of Rs.57,81,345/- (Rupees Fifty
Seven Lakhs Eighty One Thousand Three Hundred and Forty
Five only) can be released to M/s. Deens Group on receipt of
the next tranche of Government of India contribution from the
Ministry of MSME, Government of India, New Delhi. Steps are
being taken by the Directorate of Industries & Commerce for
availing the next tranche of Government of India contribution
from the Ministry of MSME, Government of India."
3. In paragraph No.16 it is stated that the balance
amount of Rs.57,81,345/- can be released to the
petitioner, once the amount is received from the Ministry
of MSME, Government of India. Steps are being taken by
the authority concerned for availing the amount from the
Ministry of MSME, is the submission.
4. Heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the 7 th
WP(C) NO.7992 OF 2023
respondent.
5. Admittedly, there is amount due to the
petitioner. The petitioner need not wait indefinitely for
getting his money. A perusal of the affidavit would show
that the 7th respondent also admit the amount and they
are taking steps to pay the amount. If that be the case,
there can be a time limit for paying the amount.
Therefore, the 7th respondent will take necessary steps to
disburse the amount, within three months.
Therefore, this writ petition is disposed of with the
following directions:
i. The 7th respondent will take necessary steps
to disburse the balance amount of Rs.57,81,345/-, as
expeditiously as possible, at any rate, within a period
of three months from the date of receipt of a copy of
this judgment.
ii. The petitioner will produce a certified copy
WP(C) NO.7992 OF 2023
of this judgment along with a copy of this writ petition
before the 7th respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.7992 OF 2023
APPENDIX OF WP(C) 7992/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF NOTICE INVITING TENDER
(NIT) DATED 21.05.2021 ISSUED BY 3RD
RESPONDENT ON BEHALF OF THE 6TH
RESPONDENT FOR THE WORK "UP-GRADATION
OF INDUSTRIAL DEVELOPMENT AREA AT
EDAYAR- DEVELOPMENT OF ROADS AND
DRAINAGE INFRASTRUCTURE - BALANCE ROAD
WORKS ( RETENDER)".
EXHIBIT P2 A TRUE COPY OF THE 3RD RESPONDENT'S LOA
DATED 06.08.2021 TO THE PETITIONER.
EXHIBIT P3 A TRUE COPY OF THE AGREEMENT DATED
01.09.2021 EXECUTED BETWEEN THE
PETITIONER & 3RD RESPONDENT
EXHIBIT P4 A TRUE COPY OF RELEVANT EXTRACTS OF THE
CONDITIONS OF CONTRACT FORMING PART OF
THE BID DOCUMENT OF THE WORK.
EXHIBIT P5 A TRUE COPY OF THE PETITIONER'S
EXTENSION APPLICATION DATED 04.10.2021
SUBMITTED TO THE RESPONDENTS.
EXHIBIT P6 TRUE COPY OF THE ENDORSEMENT DATED
20-01-2022 EVIDENCING EXT. P5
APPLICATION WAS APPROVED BY THE 5TH
RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE COMPLETION
CERTIFICATE ISSUED BY THE 3RD
RESPONDENT DATED 22.10.2022 TO THE
PETITIONER.
WP(C) NO.7992 OF 2023
EXHIBIT P8 A TRUE COPY OF THE CERTIFICATE OF
EXPERIENCE DATED 02.02.2023 ISSUED TO
THE PETITIONER BY THE 3RD RESPONDENT.
EXHIBIT P9 A TRUE COPY OF THE CC 1ST AND PART BILL
DATED 02.02.2022 RAISED BY THE
PETITIONER FOR THE WORK.
EXHIBIT P10 A TRUE COPY OF THE 2ND AND FINAL BILL
DATED 12-05-2022 RAISED BY THE
PETITIONER FOR THE WORK.
EXHIBIT P11 A TRUE COPY OF THE 2ND AND FINAL BILL
DATED 25.03.2022 I RAISED BY THE
PETITIONER FOR THE WORK.
EXHIBIT P12 PETITIONER'S BANKS LETTER DATED
01-02-2023 TO THE PETITIONER.
RESPONDENT EXHIBITS
EXHIBIT R7(A) TRUE COPY OF THE LETTER NO.
TM/UND/45/2014 DATED 16/01/2019.
EXHIBIT R7(B) TRUE COPY OF THE PROCEEDINGS
NO.DIC/14330/2018-ID3 DATED 26/10//2018
EXHIBIT R7(C) TRUE COPY OF THE PROCEEDINGS NO.
DIC/14330/2018-ID3 DATED 28/05/2022
EXHIBIT R7(D) TRUE COPY OF THE PROCEEDINGS NO.
DIC/14330/2018-ID3 DATED 10/01/2023
//TRUE COPY// PA TO JUDGE
