Marysadan Projects Pvt. Ltd vs The State Of Kerala
2023 Latest Caselaw 9112 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. 20564 OF 2023
PETITIONER:
           MARYSADAN PROJECTS PVT. LTD.MARYSADAN BUILDING,
           NEELEESWARAM P.O., KALADY, ERNAKULAM DISTRICT,
           REPRESENTED BY ITS MANAGING DIRECTOR, BIBY BABY,
           D/O.BABY, AGED 33 YEARS, EDATHALA HOUSE, NEELEESWARAM
           P.O., KALADY, ERNAKULAM DISTRICT, PIN - 683574

          BY ADVS.
          BABU S. NAIR
          SMITHA BABU


RESPONDENTS:
     1     THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,
           GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001

    2     THE SECRETARY TO THE GOVERNMENTDEPARTMENT OF FINANCE,
          GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001

    3     THE SECRETARY TO THE GOVERNMENTDEPARTMENT OF PUBLIC
          WORKS, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001

    4     THE CHIEF ENGINEERPUBLIC WORKS DEPARTMENT, MUSEUM P.O.,
          TRIVANDRUM, PIN - 695033

    5     THE SUPERINTENDING ENGINEERP.W.D ROADS CENTRAL CIRCLE,
          ALUVA, ERNAKULAM DISTRICT, PIN - 683101

          BY ADV GOVERNMENT PLEADER


OTHER PRESENT:
           SRI. B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.20564 of 2023

                                         2



                     P.V.KUNHIKRISHNAN
                ---------------------
                   W.P (C) No.20564 of 2023
             ---------------------------
              Dated this the 23rd day of August, 2023

                                     JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the 5th respondent to execute the agreement with the petitioner on the work awarded to him as per Exhibit P1 on accepting 3% of the contract value as security deposit, in the light of Exhibit P3 order of the Government of India;

ii) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the respondents 1 to 3 to consider Exhibit P4 representation submitted by the petitioner, in the light of Exhibit P3 order of the Government of India, forthwith, without any further delay;

iii) Grant such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case." (SIC)

2. The point raised in this writ petition is covered

against the petitioner in judgment dated 21.03.2023 in W.P. W.P (C) No.20564 of 2023

(c) No.14051/2022 and connected cases which is followed by

this Court in judgment dated 19.07.2023 in W.P.(c)

No.35311/2022 and connected cases. Therefore, no relief can

be granted in this case in light of the above judgments.

Therefore, this writ petition is dismissed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

bng W.P (C) No.20564 of 2023

APPENDIX OF WP(C) 20564/2023 PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 5TH RESPONDENT DATED, 12- 6-2023

Exhibit P2 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED, 15-3-2022

Exhibit P3 A TRUE COPY OF THE ORDER ISSUED BY THE DEPUTY SECRETARY TO THE GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS DATED, 4-5-2023

Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED, 17-6-2023