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Mother Land Constructions vs The State Of Kerala
2023 Latest Caselaw 9011 Ker

Citation : 2023 Latest Caselaw 9011 Ker
Judgement Date : 21 August, 2023

Kerala High Court
Mother Land Constructions vs The State Of Kerala on 21 August, 2023
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 21251 OF 2021
PETITIONER:
           SAJU P. MAKKAR, AGED 47 YEARSNADANGATTU HOUSE,
           ERAMALLOOR P.O., CHERTHALA, ALAPPUZHA-688537.

          BY ADVS.K.P.SATHEESAN
          (SR.)K.SUDHINKUMARS.K.ADHITHYANSABU PULLANGOKUL D.
          SUDHAKARANP.MOHANDAS (ERNAKULAM)


RESPONDENTS:
     1     STATE OF KERALAREPRESENTED BY THE SECRETARY, WATER
           RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

    2     THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION,
          PUBLIC OFFICE, THIRUVANANTHAPURAM-695033.

    3     THE EXECUTIVE ENGINEER, MAJOR IRRIGATION DIVISION, 2ND
          FLOOR, MINI CIVIL STATION, ALAPPUZHA-688001.

    4     THE ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE
          ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB DIVISION,
          2ND FLOOR, MINI CIVIL STATION, ALAPPUZHA-688001.


OTHER PRESENT:
           SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.08.2023, ALONG WITH WP(C).21540/2021, 21697/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   2

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 21540 OF 2021
PETITIONER:
          K. VIJAYAKUMARAGED 72 YEARSS/O KUMARAN, CONTRACTOR,
          MAYOORAM, KAVANAD P.O, KOLLAM DISTRICT, PIN-691003.

           BY ADVS.BABU JOSEPH
           KURUVATHAZHAM.G.SREEJITHK.S.ARCHANA


RESPONDENTS:
    1     STATE OF KERALAREPRESENTED BY ITS SECRETARY TO
          GOVERNMENT, DEPARTMENT OF WATER RESOURCES,
          GOVERNMENT SECRETARIAT, THIRVANANTHAPURAM-695001.

      2     CHIEF TECHNICAL EXAMINERGOVERNMENT OF KERALA,
            DEPARTMENT OF FINANCE (INSPO-TECHNICAL) BANK
            EMPLOYEES BUILDING, PULIMOODU, THIRUVANANTHAPURAM-
            695001.

      3     CHIEF ENGINEERIRRIGATION DEPARTMENT, PUBLIC OFFICE
            BUILDING, OPPOSITE TO MUSEUM, THIRUVANANTHAPURAM-
            695033.

      4     EXECUTIVE ENGINEERIRRIGATION DIVISION, KOLLAM-
            691002.

      5     ASSISTANT EXECUTIVE ENGINEERIRRIGATION SUB
            DIVISION, CHAVARA, CHAVARA P.O, KOLLAM DISTRICT,
            PIN-691583.

      6     ASSISTANT ENGINEERIRRIGATION SECTION,
            KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690518.

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   3

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 21697 OF 2021
PETITIONERS:
          K.VIJAYAKUMAR,AGED 72 YEARSS/O.KUMARAN, CONTRACTOR,
          MAYOORAM, KAVANAD P.O., KOLLAM DISTRICT, PIN-691
          003.

           BY ADVS.BABU JOSEPH
           KURUVATHAZHAM.G.SREEJITHK.S.ARCHANA


RESPONDENTS:
    1     STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO
          GOVERNMENT, DEPARTMENT OF WATER RESOURCES,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2     CHIEF TECHNICAL EXAMINER, GOVERNMENT OF KERALA,
            DEPARTMENT OF FINANCE (INSP- TECHNICAL), BANK
            EMPLOYEES BUILDING, PULIMOODU, THIRUVANANTHAPURAM-
            695 001.

      3     CHIEF ENGINEER, IRRIGATION DEPARTMENT, PUBLIC
            OFFICE BUILDING, PULIMOODU, THIRUVANANTHAPURAM-695
            001.
      4     EXECUTIVE ENGINEER,IRRIGATION DIVISION, KOLLAM-691
            001.
      5     ASSISTANT EXECUTIVE ENGINEER,IRRIGATION SUB
            DIVISION, CHAVARA, CHAVARA P.O., KOLLAM DISTRICT,
            PIN-691 583.
      6     ASSISTANT ENGINEER, IRRIGATION
            SECTION,KARUNAGAPPALLY, KOLLAM DISTRICT, PIN-690
            518.
            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   4

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 23391 OF 2021
PETITIONER:
          M/S.MOTHER LAND CONSTRUCTIONSWARD NO.6,
          PUTHENCURIZU PANCHAYATH, VADAVUKODE, BRAHMAPURAM
          P.O., ERNAKULAM-682 303, REPRESENTED BY ITS
          MANAGING PARTNER, MR. ELDHO ABRAHAM, AGED 39 YEARS,
          S/O. PILLE M.C., RESIDING AT WARD NO.6,
          PUTHENCURIZU PANCHAYATH, VADAVUKODE, BRAHMAPURAM
          P.O., ERNAKULAM-682 303

            BY ADVS.S.SREEKUMAR (KOLLAM)PRIYA SHANAVAS


RESPONDENTS:
    1     THE STATE OF KERALAREPRESENTED BY THE DEPUTY
          SECRETARY WATER RESOURCES, DEPARTMENT SECRETARIAT,
          THIRUVANANTHAPURAM,PIN-695 001

      2     THE ADDITIONAL CHIEF SECRETARY,WATER RESOURCES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM,PIN-695 001

      3     THE CHIEF ENGINEER,IRRIGATION AND ADMINISTRATION
            PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033

      4     THE CHIEF TECHNICAL EXAMINER,FINANCE INSPECTOR
            WINGS-IRRIGATION, S.B.T.E.U BUILDING, PULIMOODU
            JUNCTION, THIRUVANANANTHAPURAM-691 001

      5     THE EXECUTIVE ENGINEER,OFFICE OF THE EXECUTIVE
            ENGINEER, IRRIGATION DIVISION, ALAPUZHA-688 001

      6     THE ASSISTANT EXECUTIVE ENGINEER,IRRIGATION SUB
            DIVISION, ALAPUZHA-688 001

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   5

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 23398 OF 2021
PETITIONER:
          MR. CHERIAN C GEORGE,AGED 39 YEARSCHELLIYAMPURATH
          HOUSE, KIZHUMURI P.O., RAMAMANGALAM, MUVATTUPUZHA,
          ERNAKULAM DISTRICT 686 663.

            BY ADV S.SREEKUMAR (KOLLAM)


RESPONDENTS:
    1     THE STATE OF KERALA,REPRESENTED BY THE SECRETARY
          WATER RESOURCES DEPARTMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

      2     THE ADDITIONAL CHIEF SECRETARY,WATER RESOURCES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.

      3     THE CHIEF ENGINEER,IRRIGATION AND ADMINISTRATION
            PUBLIC OFFICE, THIRUVANANTHAPURAM 695 033.

      4     THE CHIEF TECHNICAL EXAMINER, FINANCE INSPECTION
            WINGS- IRRIGATION S.B.T.E.U. BUILDING PULIMOODU
            JUNCTION, THIRUVANANTHAPURAM 691 001.

      5     THE EXECUTIVE ENGINEER,OFFICE OF THE EXECUTIVE
            ENGINEER, IRRIGATION DIVISION, ALLAPUZHA 688 001.

      6     THE ASSISTATN EXECUTIVE ENGINEER,IRRIGATION SUB
            DIVISION, ALAPPUZHA 688 001.

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   6

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 23416 OF 2021
PETITIONER:
          MR. TOMMY MATHEW,AGED 56 YEARSMADATHIL PARAMBIL,
          KOOLIYATTU, ERNAKULAM 682 303.

            BY ADV S.SREEKUMAR (KOLLAM)


RESPONDENTS:
    1     THE STATE OF KERALA,REPRESENTED BY THE SECRETARY
          WATER RESOURCES DEPARTMENT SECRETARIAT,
          THIRUVANANTHAPURAM 695 001.

      2     THE ADDITIONAL CHIEF SECRETARY,WATER RESOURCES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM 695 001.

      3     THE CHIEF ENGINEER,IRRIGATION AND ADMINISTRATION
            PUBLIC OFFICE, THIRUVANANTHAPURAM 695 033.

      4     THE CHIEF TECHNICAL EXAMINER.FINANCE INSPECTION
            WINGS- IRRIGATION, S.B.T.E.U. BUILDING, PULIMOODU
            JUNCTION, THIRUVANANTHAPURAM 691 001.

      5     THE EXECUTIVE ENGINEER,OFFICE OF THE EXECUTIVE
            ENGINEER, IRRIGATION DIVISION, ALAPPUZHA 688 001.

      6     THE ASSISTANT EXECUTIVE ENGINEER,IRRIGATION SUB
            DIVISION, ALLAPPUZHA 688 001.

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   7

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 23617 OF 2021
PETITIONER:
          MR. ELDHOSE ABRAHAMAGED 39 YEARSS/O. ABRAHAM,
          RESIDING AT MARY VILLA HOUSE, KIZHUMURI P.O,
          ERNAKULAM - 686663.

            BY ADV S.SREEKUMAR (KOLLAM)


RESPONDENTS:
    1     THE STATE OF KERALAREPRESENTED BY THE SECRETARY
          WATER RESOURCES DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM - PIN - 695001.

      2     THE ADDITIONAL CHIEF SECRETARYWATER RESOURCES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695001.

      3     THE CHIEF ENGINEER,IRRIGATION AND ADMINISTRATION
            PUBLIC OFFICE, THIRUVANANTHAPURAM - 695033.

      4     THE CHIEF TECHNICAL EXAMINER,FINANCE INSPECTION
            WINGS-IRRIGATION, S.B.T.E.U BUILDING, PULIMOODU
            JUNCTION, THIRUVANANTHAPURAM - 695001.

      5     THE EXECUTIVE ENGINEER. OFFICE OF THE EXECUTIVE
            ENGINEER, IRRIGATION DIVISION, ALAPPUZHA - 688001.

      6     THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB
            DIVISION, ALAPPUZHA - 688001.

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   8

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 23625 OF 2021
PETITIONER:
          MR.S.CHANDRAMANY, AGED 56 YEARS, S/O. SREEDHARAN,
          RESIDING AT THAVOOTTU VEEDU, THRIKKARUVA PANCHAYAT,
          THRIKKARUVA VILLAGE, PRAKKULAM P. O., KOLLAM -
          691602.

            BY ADVS.S.SREEKUMAR (KOLLAM)K.VIJAYANPRIYA SHANAVAS


RESPONDENTS:
    1     THE STATE OF KERALAREPRESENTED BY THE SECRETARY
          WATER RESOURCES DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

      2     ADDITIONAL CHIEF SECRETARYWATER RESOURCES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

      3     THE CHIEF ENGINEER IRRIGATION AND ADMINISTRATION
            PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033.

      4     THE CHIEF TECHNICAL EXAMINER FINANCE INSPECTION
            WINGS - IRRIGATION, S.B.T.E.U. BUILDING, PULIMOODU
            JUNCTION, THIRUVANANTHAPURAM - 695 001.

      5     THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE
            ENGINEER, IRRIGATION DIVISION, ALAPPUZHA - 688001.

      6     THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION SUB
            DIVISION, ALAPPUZHA - 688001.

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   9

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 23646 OF 2021
PETITIONER:
          MR.AKHIL VINAYAKAGED 45 YEARSS/O. SUNDARESAN
          RESIDING AT KAILAS-1474, OORAMPALLIL, KESAVAN
          NAGAR-H22, MUNDAKKAL WEST, KOLLAM-691 001.

            BY ADVS.S.SREEKUMAR (KOLLAM)PRIYA SHANAVAS


RESPONDENTS:
    1     THE STATE OF KERALAREPRESENTED BY THE SECRETARY,
          WATER RESOURCES DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001.

      2     THE ADDITIONAL CHIEF SECRETARYWATER RESOURCES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

      3     THE CHIEF ENGINEERIRRIGATION AND ADMINISTRATION
            PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033.

      4     THE CHIEF TECHNICAL EXAMINERFINANCE INSPECTION
            WINGS-IRRIGATION, S.B.T.E.U BUILDING, PULIMOODU
            JUNCTION, THIRUVANANTHAPURAM-691 001.

      5     THE EXECUTIVE ENGINEEROFFICE OF THE EXECUTIVE
            ENGINEER, IRRIGATION DIVISION, ALAPPUZHA-688 001.

      6     THE ASSISTANT EXECUTIVE ENGINEERIRRIGATION SUB
            DIVISION, ALAPPUZHA-688 001.

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                   10

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
                      WP(C) NO. 23650 OF 2021
PETITIONER:
          MR.MAMMEN PAUL,AGED 41 YEARSS/O. PAULOSE, RESIDING
          AT KOOLIYATTU VEEDU, PINNARUBRA, PERINGALA P.O.,
          ERNAKULAM-683565.

            BY ADVS.S.SREEKUMAR (KOLLAM)PRIYA SHANAVAS


RESPONDENTS:
    1     STATE OF KERALA,REPRESENTED BY THE SECRETARY, WATER
          RESOURCES DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

      2     THE ADDITIONAL CHIEF SECRETARY,WATER RESOURCES
            DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

      3     THE CHIEF ENGINEER,IRRIGATION AND ADMINISTRATION
            PUBLIC OFFICE, P.M.G. JUNCTION, THIRUVANANTHAPURAM-
            695033.

      4     THE CHIEF TECHNICAL EXAMINER,FINANCE INSPECTION
            WINGS-IRRIGATION, SBTEU BUILDING, PULIMOODU
            JUNCTION, THIRUVANANTHAPURAM-695001.

      5     THE EXECUTIVE ENGINEER,OFFICE OF THE EXECUTIVE
            ENGINEER, IRRIGATION DIVISION, ALAPPUZHA-688001.

      6     THE ASSISTANT EXECUTIVE ENGINEER,IRRIGATION SUB
            DIVISION, ALAPPUZHA-688001.

            SRI. SUJITH MATHEW JOSE, SPL. GP (IRRIGATION)


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    21.08.2023,   ALONG   WITH   WP(C).21251/2021   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) Nos.21251 of 2021 and connected cases

                                11


                 P.V.KUNHIKRISHNAN
             ---------------------
    W.P.(C) Nos.21251/2021, 21540/2021, 21697/2021,
    23391/2021, 23398/2021, 23416/2021, 23617/2021,
         23625/2021, 23646/2021 & 23650/2021
        ---------------------------
          Dated this the 21st day of August, 2023

                            JUDGMENT

These writ petitions are connected and therefore, I am

disposing of these writ petitions by a common judgment.

2. The common point raised in these writ petition is

that the respondents in these writ petitions unilaterally fixed a

liability and withheld the payment due to the petitioners. In

some of the cases, the payment is effected and there is

recovery steps based on the unilateral fixation of liability.

3. Heard the learned counsel for the petitioners in

these writ petitions and the learned Special Government

Irrigation.

4. After hearing both sides, I am of the considered

opinion that the unilaterally fixation of liability, without giving

an opportunity of hearing to the petitioner, can not be

accepted at all. If there is any liability, the respondents should

issue notice to the petitioners and give an opportunity of W.P (C) Nos.21251 of 2021 and connected cases

hearing to the petitioners and thereafter, decide the matter in

accordance with law. It is submitted that in some of the cases,

the work has completed in 2014 and an order is issued in

2020. These are matters to be decided by the respondents at

the appropriate stage. But, I am of the considered opinion

that, the impugned orders in these cases are to be set aside

and the mater is to be remitted back to the authority

concerned. If they intended to proceed further, they should

issue notice to the petitioners and after giving an opportunity

of hearing to the petitioner, liability, if any, can be fixed, if at

all there is any liability. The competent among the

respondents can be given four months time to initiate

appropriate steps, if any. If no steps are taken and no final

decision is taken within four months, the amount withheld

from the petitioners should be disbursed.

Therefore, these writ petitions are disposed of with the

following directions.

1) The impugned orders in these cases are set aside.

2) The respondents are free to take appropriate steps, if there is any liability on the part of the petitioners, within four months from the date of W.P (C) Nos.21251 of 2021 and connected cases

receipt of a certified copy of this judgment, with notice to the petitioners and after giving sufficient opportunity of hearing to the petitioners.

3) If no steps are taken or no final orders are passed regarding the liability within four months, the amount withheld from the petitioners by the respondents shall be disbursed to the petitioners forthwith.

4) The petitioners will produce a certified copy of this judgment along with a copy of the writ petition before the competent authority among respondents for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 21540/2021 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS DATED 25.10.2019 OF THE CHIEF EXECUTIVE OFFICER, DISTRICT DISASTROUS MANAGEMENT AUTHORITY, AND ADDITIONAL DISTRICT MAGISTRATE, KOLLAM.

Exhibit P2 TRUE COPY OF THE SELECTION NOTICE DATED 12.11.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE AGREEMENT NO.107/EEI.KLM.2019-10 DATED 28/11/2019 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE PROCEEDING DATED 28/118/2019 OF THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE AGREED SCHEDULE OF WORK ENCLOSED ALONG WITH EXT.P4.

Exhibit P6 TRUE COPY OF THE PROCEEDING DATED 25.11.2019 OF THE 4TH RESPONDENT FORWARDED TO THE DISTRICT COLLECTOR, KOLLAM.

Exhibit P7 TRUE COPY OF THE LETTER DATED 5.12.2019 OF THE 5TH RESPONDENT FORWARDED TO THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT, REGARDING THE SATISFACTORILY COMPLETION OF THE WORK ON 5,1,2020.

Exhibit P9 TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DATED 7/12/2019.

Exhibit P10 TRUE COPY OF THE LETTER DATED 17.2.2020 OF THE 5TH RESPONDENT FORWARDED TO THE 4TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE LETTER DATED 02.2.2021 OF THE 5TH RESPONDENT ADDRESSED TO THE W.P (C) Nos.21251 of 2021 and connected cases

4TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE LETTER DATED 17.2.2021 OF THE 6TH RESPONDENT FORWARDED TO THE 5TH RESPONDENT.

Exhibit P13 TRUE COPY OF THE APPLICATION DATED 6/7/2021 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER, ATTACHED TO THE OFFICE OF THE 4TH RESPONDENT.

Exhibit P14 TRUE COPY OF THE INFORMATION/REPLY DATED 30.07.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 4TH RESPONDENT.

Exhibit P15 TRUE COPY OF THE OBSERVATION MEMO DATED 2.3.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 14.08.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 21697/2021 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS DATED 25.10.2019 OF THE CHIEF EXECUTIVE OFFICER, DISTRICT DISASTROUS MANAGEMENT AUTHORITY AND ADDITIONAL DISTRICT MAGISTRATE, KOLLAM.

Exhibit P2 TRUE COPY OF THE SELECTION NOTICE DATED 12.11.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE PROCEEDING DATED 04.12.2019 OF THE 4TH RESPONDENT.

Exhibit P4 TRUE COPY OF THE AGREED SCHEDULE OF WORK ENCLOSED ALONG WITH EXT.P3.

Exhibit P5 TRUE COPY OF THE LETTER DATED 05.12.2019 ISSUED BY THE 5TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE PROCEEDING OF THE 6TH RESPONDENT, REGARDING THE SATISFACTORY COMPLETION OF THE WORK ON 11.01.2020.

Exhibit P7 TRUE COPY OF THE LETTER DATED 20.12.2019 OF THE MUNDAKKAL BRANCH OF SOUTH INDIAN BANK LTD., ADDRESSED TO THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE LETTER DATED 17.02.2020 OF THE 5TH RESPONDENT FORWARDED TO THE 4TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE OBSERVATION MEMO DATED 02.03.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 09.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 23391/2021 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO.G.O(RT) NO.783/2020/WRD DATED 30.12.2020 ISSUED BY THE FIRST RESPONDENT

Exhibit P2 TRUE TRUE COPY OF THE ORDER NO.HC GENERAL DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT

Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT

Exhibit P4 THE TRUE COPY OF THE LEGAL NOTICE DATED 30.06.2021 ISSUED TO THE RESPONDENTS W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 23398/2021 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO. G.O.(RT) NO. 783/2020/WRD DATED 20.12.2020 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER NO. H.C.

GENERAL DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE LEGAL NOTICE DATED 30.06.2021 ISSUED TO THE RESPONDENTS. W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 23416/2021 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO. G.O.

(RT)NO. 783/2020/WRD DATED 30.12.2020 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER NO. H.C.

GENERAL DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 22.09.202 ISSUED BY THE 6TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE LEGAL NOTICE DATED 30.06.2021 ISSUED TO THE RESPONDENTS. W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 23617/2021 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO. G.O(RT) NO. 783/2020/WRD DATED 30.12.2020 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER NO. H.C.

GENERAL DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 23625/2021 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO.G.O.(RT) NO.783/2020/WRD DATED 30.12.2020 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER NO.H.C.GENERAL DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 22.09.2021 ISSUED BY THE 6TH RESPONDENT. W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 23646/2021 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO.G.O(RT) NO.783/2020/WRD DATED 30.12.2020 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER NO.H.C.GENERAL DATED 22.9.2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 22.9.2021 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 23650/2021 PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE ORDER NO. GO(RT) NO.783/2020/WRD DATED 30/12/2020 ISSUED BY THE FIRST RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE ORDER NO. HC GENERAL DATED 22/09/2021 ISSUED BY THE 6TH RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE LETTER DATED 22/09/2021 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

W.P (C) Nos.21251 of 2021 and connected cases

APPENDIX OF WP(C) 21251/2021 PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE QUOTATION SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 27.5.2014.

Exhibit P2 TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER WITH THE 4TH RESPONDENT DATED 9.1.2015.

Exhibit P3 TRUE COPY OF THE ORDER NO.W3/41439/2014/QTN. DATED 29.12.2014 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER NO.CH UD-9/2014 DATED 14.1.2015 WRITTEN BY THE ASSISTANT ENGINEER TO THE 4TH RESPONDENT.

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE DETAILS OF GENERAL BILLS FOR THE PERIOD FROM 1.1.2015 TO 31.1.2015 PAID TO THE PETITIONER IN RESPECT OF THE WORKS EXECUTED BY HIM DATED 30.1.2015.

Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER G.O.

(RT) NO.783/2020/WRD DATED 31.12.2020.

Exhibit P7 TRUE COPY OF THE LETTER NO.H.C.GENERAL DATED 20.9.2021 ISSUED BY THE 4TH RESPONDENT.

 
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