Marysadan Projects Pvt Ltd vs The State Of Kerala
2023 Latest Caselaw 8850 Ker

          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. 15703 OF 2023
PETITIONER:

          MARYSADAN PROJECTS PVT LTD
          AGED 31 YEARS
          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 DISTRICT, PIN - 683574
          BY ADV K.J.MANU RAJ

RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS CHIEF SECRETARY,
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     THE SECRETARY
          FINANCE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    3     THE SECRETARY
          REVENUE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    4     THE SECRETARY
          LOCAL SELF GOVERNMENT DEPARTMENT,
          SECRETARIAT THIRUVANANTHAPURAM, PIN - 695001
    5     THE CHIEF ENGINEER
          LOCAL SELF GOVERNMENT DEPARTMENT [ L.S.G.D. ] ,
          PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
    6     EXECUTIVE ENGINEER
          L.S.G.D. DIVISION , KAKKANAD,
          ERNAKULAM DISTRICT, PIN - 682030
    7     THE SUPERINTENDING ENGINEER
          KOCHI CORPORATION, ERNAKULAM, PIN - 682011
          BY ADV K. JANARDHANA SHENOY
          ADV.VIDYA KURIAKOSE, 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.15703/2023

                                    2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.15703 of 2023
              ----------------------------------------------
            Dated this the 14th day of August, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

I. Issue a writ in the nature of mandamus or other appropriate writ order or direction commanding the respondents to extend the benefits of bills discounting scheme to the petitioner for the road works of (a) Re tarring of St.Bendict Road in Division 68 (b) Renovation of Chittoor road from Pachalam Junction to Power House Road Junction

(c) Maintenance of providence road and re tarring of St. Alberts College lane and Paramara Road in division 67.

ii. Issue a writ in the nature of mandamus or any other appropriate writ order or direction commanding the respondents to process the final bills submitted by the petitioner evidenced by Exhibit P1, P2 & P3 for the works done by the petitioner and referred to in paragraph No 3 of the writ petition and make payments for the works done within a time limit to be fixed by this honourable Court.

iii. Issue a writ in the nature of mandamus or other WP(C).No.15703/2023

appropriate writ order or direction commanding the respondents to pay to the petitioner interest at the rate of 18% per annum for the amounts payable to the petitioner consequent upon prayer No. 1 from the respective dates of completion of works till the dates of payment. iv. Dispense with filing of translation of vernacular documents.

v. issue any other writ, order or direction as this Honble Court deems fit in the facts and circumstances of the case.

(SIC)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that the petitioner will

be satisfied if the amount due to the petitioner as per Exts.P1,

P2 and P3 are disbursed. The Government Pleader submitted

that the amount due as per Exts.P1, P2 and P3 works will be

disbursed expeditiously.

3. In the light of the above submission, this writ

petition itself can be disposed of directing the respondents to

pay the amount covered by Exts.P1, P2 and P3 works within a

time frame.

Therefore, this writ petition is disposed of in the

following manner:

WP(C).No.15703/2023

Respondents 2 and 6 are directed to pay the

amount due to the petitioner for the works

evidenced by Exts.P1 to P3, as expeditiously as

possible, at any rate, within one month from the

date of receipt of a stamped certified copy of this

judgment.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.15703/2023

APPENDIX OF WP(C) 15703/2023

PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE RELEVANT PAGES OF PAYMENT REQUEST DETAILS DOWNLOADED FROM THE PORTAL OF THE CHIEF MINISTER'S LOCAL FUND REBUILD PROJECT, GOVERNMENT OF KERALA AS REGARDS THE RE TARRING OF ST.BENDICT ROAD IN DIVISION

Exhibit P 2 A TRUE COPY OF THE RELEVANT PAGES OF PAYMENT REQUEST DETAILS DOWNLOADED FROM THE PORTAL OF THE CHIEF MINISTER'S LOCAL FUND REBUILD PROJECT, GOVERNMENT OF KERALA AS REGARDS TO THE RENOVATION OF CHITTOOR ROAD FROM PACHALAM JUNCTION TO POWER HOUSE ROAD JUNCTION Exhibit P 3 A TRUE COPY OF THE RELEVANT PAGES OF PAYMENT REQUEST DETAILS DOWNLOADED FROM THE PORTAL OF THE CHIEF MINISTER'S LOCAL FUND REBUILD PROJECT, GOVERNMENT OF KERALA AS REGARDS TO THE MAINTENANCE OF PROVIDENCE ROAD AND RE TARRING OF ST. ALBERTS COLLEGE LANE AND PARAMARA ROAD IN DIVISION 67 Exhibit P 4 A TRUE COPY OF THE G O(RT) NO.8425/2022/FIN DATED 13.12.2022 ISSUED BY THE 2ND RESPONDENT