M/S Greenworth Infrastructures ... vs The Secretary
2023 Latest Caselaw 9050 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. 28160 OF 2023
PETITIONER:

             M/S GREENWORTH INFRASTRUCTURES PRIVATE LIMITED
             BUILDING NO. 42/3075, SOUMYA NAGAR, 3RD LANE,
             ALINCHUVADU, EDAPALLY, KOCHI, ERNAKULAM- REP. BY
             ITS MANAGING DIRECTOR, PIN - 682024
             BY ADV M.PROMODH KUMAR


RESPONDENTS:

      1      THE SECRETARY TO GOVERNMENT PWD, GOVERNMENT
             SECRETARIAT, TRIVANDRUM-, PIN - 695001
      2      THE CHIEF ENGINEER
             PWD RAOD , PWD DEPARTMENT TRIVANDRUM, PIN - 695001
      3      THE SUPERINTENDING ENGINEER
             PWD ROADS , PWD DEPARTMENT CENTER CIRCLE ALUVA
             ERNAKULAM, PIN - 683101
             ADV.SYAMANTAK B S, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    23.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 28160/2023                               2




                  P. V. KUNHIKRISHNAN, J.
               -------------------------------------------
                   WP(C).No.28160 of 2023
               -------------------------------------------
            Dated this the 23rd day of August, 2023

                               JUDGMENT

The above writ petition is filed with the following prayers:

a) To call for the records leading to Exhibits Pl to P15 and issue a writ of certiorari quashing Exhibits P11 & P13 to the extent of imposing fine.

b) Declare that Exhibits P12 & P14 are void and not binding to petitioner as it is obtained based on Exhibits Pll & P13 illegal orders issued by the 3rd respondent.

c) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents to release the bill amount covered by Exhibit P10 letter of credit to the petitioner forthwith.

d) Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 2 and 3 to pay interest at the rate of 12% for unauthorized withholding of the amount covered by Exhibit P10 letter of credit.

e) Petitioners may be permitted to dispense with the filing of the translations of the documents in the vernacular language in the interest of justice.

f) Grant such other reliefs which this Hon'ble Court may deem fit and necessary to grant in the facts and

circumstances of the case.

[SIC]

2. The petitioner is an A-class contractor. The work namely

FDW 2018-2019-Improvements to Karimban Murikkassery Road Km

0/0002-7/500 and reconstruction of washed off portion kilometre

2/500 - 3/500 of Chelachuvad Periyar Murikkassery Road was

awarded to the petitioner by the 3 rd respondent. An agreement was

executed between the petitioner and the 3rd respondent on

23.09.2019. It is the case of the petitioner that as per Ext.P1, the

completion period of the work was six months. It is submitted that,

the entire work to be completed is in the hilly terrain of the Idukki

district and the main work involved in the contract is the

reconstruction of the road which was washed off in the flood in 2018.

On account of various reasons which were not attributable to the

petitioner, the work could not be completed within the agreed

completion period is the submission. The main reason which

obstructed the work to complete within time is the continuous rain

and other reasons which were not attributable to the petitioner is the

further submission. Now the petitioner is aggrieved by Exts.P11 and

P13, by which, the 3rd respondent imposed fine for extension of the

period.

The petitioner is aggrieved by the imposition of fine. The petitioner

submitted Ext.P15 before the 3rd respondent for exempting the

payment of fine. The same is not considered is the grievance. Hence

this writ petition.

3. Heard learned counsel for the petitioner and the learned

Government Pleader.

4. After hearing both sides, I think this writ petition itself can

be disposed of directing the 3rd respondent to consider Ext.P15 and till

then, the coercive steps based on Exts.P11 and P13 can be deferred.

Therefore this writ petition can be disposed of with the

following directions:

(i) The 3rd respondent is directed to consider and pass appropriate orders in Ext.P15, after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate within six weeks from the date of receipt of a copy of this judgment.

(ii) Till final orders are passed in Ext.P15, coercive steps based on Exts.P11 and P13 shall be deferred.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF WP(C) 28160/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT ON 23.09.2019 Exhibit P2 A TRUE COPY OF THE ORDER DATED 26.04.2022 PASSED BY THE 3RD RESPONDENT Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE EXT P1 AGREEMENT PERTAINING TO VARIATIONS AND ADDITIONS Exhibit P4 TINE COPY OF THE RELEVANT PAGES OF THE REVISED ESTIMATE Exhibit P5 TRUE COPY OF THE SUPPLEMENTARY AGREEMENT EXECUTED ON 30.06.2023 Exhibit P6 TRUE COPY OF THE LETTER DATED 16.05.2023 Exhibit P7 TRUE COPY OF THE JUDGMENT IN WPC.32836 OF 2022 DATED 17.02.2023 Exhibit P8 TRUE COPY OF THE RELEVANT PAGE OF PWD MANUAL SHOWING CLAUSE 1601 Exhibit P9 TRUE COPY OF THE AGREEMENT DATED 30.06.2023 INCORPORATING ITEMS AS PER SANCTIONED REVISED ESTIMATE Exhibit P10 TRUE COPY OF THE GO.(RT).NO.4933/23/FIN DATED 27.06.2023 SANCTIONING LETTER OF CREDIT Exhibit P11 TRUE COPY OF THE ORDER DATED 09.052023 WHICH WAS ACTUALLY ISSUED ON 30.06.2023 Exhibit P12 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 30.06.2023.

Exhibit P13 TRUE COPY OF THE ORDER DATED 19.07.2023 ISSUED BY RESPONDENT NO 3 Exhibit P14 TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 20.07.2023.

Exhibit P15 TRUE COPY OF THE OBJECTION FILED BY PETITIONER AGAINST EXT P 11 TO 14.