Mohammed Akbar.V vs State Of Kerala
2023 Latest Caselaw 9048 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                        WP(C) NO. 28243 OF 2023
PETITIONER:

          MOHAMMED AKBAR.V
          AGED 45 YEARS
          S/O. ABDUL HAJI, VEMMULLY HOUSE, EDAYATTUR P.O,
          MELATTUR, MALAPPURAM DISTRICT, PIN - 679326
          BY ADVS.
          JACOB SEBASTIAN
          WINSTON K.V
          ANU JACOB
          KEERTHY RAJ


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
          SECRETARIAT P.O, THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE SUPERINTENDING ENGINEER
          PWD (ROADS), OFFICE OF THE SUPERINTENDING ENGINEER,
          NORTH CIRCLE, KOZHIKODE DISTRICT,
          PIN - 673647
    3     THE ASSISTANT EXECUTIVE ENGINEER
          PWD (ROADS), OFFICE OF THE ASSISTANT EXECUTIVE
          ENGINEER, SUB-DIVISION ALATHUR, PALAKKAD DISTRICT,
          PIN - 678541
    4     THE ASSISTANT ENGINEER
          PWD ROAD SECTION, OFFICE OF THE ASSISTANT ENGINEER,
          ALATHUR, PALAKKAD DISTRICT,
          PIN - 678541
    5     THE EXECUTIVE ENGINEER
          PWD ROADS DIVISION, OFFICE OF THE EXECUTIVE ENGINEER,
          CIVIL STATION, PALAKKAD DISTRICT,
 WP(C) NO.28243 OF 2023


                           2


           PIN - 678001
    6      ADDL.R6:THE CHIEF ENGINEER, PWD (ROADS),
           THIRUVANANTHAPURAM (IS SUOMOTU IMPLEADED
           AS ADDITIONAL 6TH RESPONDENT IN THE WRIT
           PETITION)
           BY ADV.
           SMT. VIDYA KURIAKOSE, GP



        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.28243 OF 2023


                                   3




             P.V.KUNHIKRISHNAN, J.
            ------------------------------
            W.P.(C) No.28243 of 2023
    ----------------------------------------------
    Dated this the 23rd day of August, 2023


                       JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) Calls for the record leading to Ext.P10 and quash it issuing a writ in the nature of certiorari;

(ii) Issue a Writ in the nature of Mandamus commanding respondents 2 to 5 to release the pending bills in respect of the work submitted by the petitioner and all amounts due to him including EMD, security deposit and Retention money;

(iii) To dispense with the production of the English translation of Exhibits-P2 to P6, P8 & P9 which is in vernacular language; and

(iv) Issue such other writ, order or WP(C) NO.28243 OF 2023

direction, which this Hon'ble court may deem fit and proper in the circumstances of this case."[SIC]

2. Petitioner was awarded the work

mentioned in Ext.P1. According to the petitioner,

there were various hindrances on the work site.

Without removing the same, it is submitted that the

petitioner could not execute the work. Petitioner

submitted Ext.P2 before the 4th respondent seeking

removal of the hindrances on the work site. The 4 th

respondent issued Ext.P3 calling upon the

Panchayath to do the needful. It is also submitted

that the 4th respondent prepared Ext.P7 revised

estimate and submitted the same for approval

before the 3rd respondent. Till now, Ext.P7 is not

sanctioned. At this stage, the contract itself is

terminated as per Ext.P10. Aggrieved by the same, WP(C) NO.28243 OF 2023

this writ petition is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Government Pleader.

4. Counsel appearing for the petitioner

reiterated the contentions raised in this writ

petition. The Government Pleader seriously

opposed the contentions of the petitioner and

submitted that there is nothing to interfere with

Ext.P10. It is also submitted that, even after four

years, the work is not completed. I don't want to

make any observation about the merit of the case.

Petitioner has raised various contentions in this writ

petition. These are matters to be looked into by

the authority concerned. The petitioner can submit

a representation against Ext.P10 before the

additional 6th respondent. If such a representation

is filed, there can be a direction to consider the WP(C) NO.28243 OF 2023

same and till consideration of the same, the

operation of Ext.P10 can be stayed.

Therefore, this writ petition is disposed of with

the following directions:

i. The petitioner is free to submit a

representation narrating the grievance raised in

this writ petition before the additional 6 th

respondent, within a period of two weeks from

the date of receipt of a certified copy of this

judgment.

ii. Once such a representation is

received, the additional 6th respondent will

consider the same and pass appropriate orders

in it, after giving an opportunity of hearing to

the petitioner, as expeditiously as possible, at

any rate, within a period of three weeks from

the date of receipt of the representation.

WP(C) NO.28243 OF 2023

iii. All the contentions raised by the

petitioner in this writ petition are left open and

the petitioner is free to agitate the same before

the additional 6th respondent.

iv. Petitioner will produce a certified copy

of this judgment along with a copy of this writ

petition before the additional 6th respondent for

compliance.

v. The operation of Ext.P10 is stayed till

the representation is considered on condition

that the petitioner submits the representation

as directed above.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO.28243 OF 2023

APPENDIX OF WP(C) 28243/2023

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE PROFORMA OF THE AGREEMENT RELATING TO THE WORK DATED 19.09.2019.

EXHIBIT-P2 A TRUE COPY OF THE REPRESENTATION DATED 28.10.2019 ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT.

EXHIBIT-P3 A TRUE COPY OF THE LETTER DATED 27.07.2020 ISSUED BY THE FOURTH RESPONDENT TO THE SECRETARY, PUTHUCODE GRAMA PANCHAYAT.

EXHIBIT-P4 A TRUE COPY OF THE REPRESENTATION DATED 22.06.2021 ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT.

EXHIBIT-P5 A TRUE COPY OF THE REPRESENTATION DATED 23.06.2021 ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT.

EXHIBIT-P6 A TRUE COPY OF THE COMMUNICATION DATED 01.07.2021 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.

EXHIBIT-P7 A TRUE COPY OF THE REVISED ESTIMATE PREPARED BY THE FOURTH RESPONDENT OF THE ABOVE WORK DATED 12.07.2021.

EXHIBIT-P8 A TRUE COPY OF THE REPRESENTATION WP(C) NO.28243 OF 2023

DATED 15.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT.

EXHIBIT-P9 A TRUE COPY OF THE REPRESENTATION DATED 08.08.2023 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

EXHIBIT-P10 A TRUE COPY OF THE ORDER DATED 08.08.2023 ISSUED BY THE SECOND RESPONDENT.

RESPONDENTS EXHIBITS      :NIL
                 //TRUE COPY//   PA TO JUDGE