Kerala High Court

P.P. Abdul Nazir vs Union Of India on 1 February, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                       WP(C) NO. 19295 OF 2022
PETITIONER:

          P.P. ABDUL NAZIR
          AGED 57 YEARS
          S/O. P.P. BEERAN,
          PWD CONTRACTOR, PAZHAYA PUTHAN VEETTIL HOUSE,
          PARIYAPURAM, PACHATTIRI P.O., TIRUR,
          MALAPPURAM DISTRICT, PIN - 676105
          BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND
          HIGHWAYS,
          TRANSPORT BHAVAN-1, PARLIAMENT STREET,
          NEW DELHI, PIN - 110001
    2     THE REGIONAL OFFICER
          MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH),
          KERALA REGION, PUBLIC OFFICE, MUSEUM P.O.,
          THIRUVANANTHAPURAM, PIN - 695033
    3     THE CHIEF ENGINEER
          OFFICE OF THE CHIEF ENGINEER,
          PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
          MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
    4     THE EXECUTIVE ENGINEER
          OFFICE OF THE EXECUTIVE ENGINEER,
          PWD N.H. DIVISION, MALAPPURAM, PIN - 676505
    5     THE SENIOR FINANCE OFFICER
          OFFICE OF THE CHIEF ENGINEER,
          PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
          MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
          BY ADV VISHNU PRADEEP
OTHER PRESENT:

          GP- SRI RAJEEV JYOTHISH GEORGE
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, ALONG WITH WP(C).19294/2022, 19328/2022 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NOS. 19295/2022 AND CONNECTED CASES

                                           2




                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                             WP(C) NO. 19294 OF 2022
PETITIONER:

              P.P. ABDUL NAZIR
              AGED 57 YEARS
              S/O. P.P. BEERAN,
              PWD CONTRACTOR, PAZHAYA PUTHAN VEETTIL HOUSE,
              PARIYAPURAM, PACHATTIRI P.O., TIRUR,
              MALAPPURAM DISTRICT, PIN - 676105
              BY ADV C.M.MOHAMMED IQUABAL

RESPONDENTS:

     1        UNION OF INDIA
              REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
              TRANSPORT BHAVAN-1, PARLIAMENT STREET,
              NEW DELHI, PIN - 110001
     2        THE REGIONAL OFFICER
              MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH),
              KERALA REGION, PUBLIC OFFICE, MUSEUM P.O.,
              THIRUVANANTHAPURAM, PIN - 695033
     3        THE CHIEF ENGINEER
              OFFICE OF THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
              MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
     4        THE EXECUTIVE ENGINEER
              OFFICE OF THE EXECUTIVE ENGINEER,
              PWD N.H. DIVISION, MALAPPURAM, PIN - 676505
     5        THE SENIOR FINANCE OFFICER
              OFFICE OF THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
              MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
              BY ADV VISHNU PRADEEP



               GP- SRI RAJEEV JYOTHISH GEORGE

      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2023, ALONG WITH WP(C).19295/2022 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NOS. 19295/2022 AND CONNECTED CASES

                                           3




                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                             WP(C) NO. 19328 OF 2022
PETITIONER:

              P.P. ABDUL NAZIR
              AGED 57 YEARS
              S/O. P.P. BEERAN, PWD CONTRACTOR, PAZHAYA PUTHAN VEETTIL
              HOUSE,
              PARIYAPURAM, PACHATTIRI P.O., TIRUR,
              MALAPPURAM DISTRICT, PIN - 676105
              BY ADV C.M.MOHAMMED IQUABAL

RESPONDENTS:

     1        UNION OF INDIA
              REPRESENTED BY SECRETARY, MINISTRY OF ROAD TRANSPORT AND
              HIGHWAYS,
              TRANSPORT BHAVAN-1, PARLIAMENT STREET,
              NEW DELHI, PIN - 110001
     2        THE REGIONAL OFFICER
              MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH),
              KERALA REGION, PUBLIC OFFICE, MUSEUM P.O.,
              THIRUVANANTHAPURAM, PIN - 695033
     3        THE CHIEF ENGINEER
              OFFICE OF THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
              MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
     4        THE EXECUTIVE ENGINEER
              OFFICE OF THE EXECUTIVE ENGINEER,
              PWD N.H. DIVISION, MALAPPURAM, PIN - 676505
     5        THE SENIOR FINANCE OFFICER,
              OFFICE OF THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
              MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
              BY ADV VISHNU RAJAGOPAL
              GP- SRI RAJEEV JYOTHISH GEORGE

      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2023, ALONG WITH WP(C).19295/2022 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NOS. 19295/2022 AND CONNECTED CASES

                                           4




                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                             WP(C) NO. 19345 OF 2022
PETITIONER:

              P.P. ABDUL NAZIR
              AGED 57 YEARS
              S/O. P.P. BEERAN, PWD CONTRACTOR, PAZHAYA PUTHAN VEETTIL
              HOUSE, PARIYAPURAM, PACHATTIRI P.O., TIRUR, MALAPPURAM
              DISTRICT, PIN - 676105
              BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

     1        UNION OF INDIA
              REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
              TRANSPORT BHAVAN-1, PARLIAMENT STREET,
              NEW DELHI, PIN - 110001
     2        THE REGIONAL OFFICER
              MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH),
              KERALA REGION, PUBLIC OFFICE, MUSEUM P.O.,
              THIRUVANANTHAPURAM, PIN - 695033
     3        THE CHIEF ENGINEER
              OFFICE OF THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
              MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
     4        THE EXECUTIVE ENGINEER
              OFFICE OF THE EXECUTIVE ENGINEER,
              PWD N.H. DIVISION, MALAPPURAM, PIN - 676505
     5        THE SENIOR FINANCE OFFICER
              OFFICE OF THE CHIEF ENGINEER,
              PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
              MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
              BY ADV VISHNU RAJAGOPAL

              GP- SRI RAJEEV JYOTHISH GEORGE
      THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.02.2023, ALONG WITH WP(C).19295/2022 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NOS. 19295/2022 AND CONNECTED CASES

                                          5




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                          WP(C) NO. 19366 OF 2022
PETITIONER:

             P.P. ABDUL NAZIR
             AGED 57 YEARS
             S/O. P.P. BEERAN,
             PWD CONTRACTOR, PAZHAYA PUTHAN VEETTIL HOUSE,
             PARIYAPURAM, PACHATTIRI P.O., TIRUR,
             MALAPPURAM DISTRICT, PIN - 676105
             BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

     1       UNION OF INDIA
             REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND
             HIGHWAYS,
             TRANSPORT BHAVAN-1, PARLIAMENT STREET,
             NEW DELHI, PIN - 110001
     2       THE REGIONAL OFFICER
             MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH),
             KERALA REGION, PUBLIC OFFICE, MUSEUM P.O.,
             THIRUVANANTHAPURAM, PIN - 695033
     3       THE CHIEF ENGINEER
             OFFICE OF THE CHIEF ENGINEER,
             PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
             MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
     4       THE EXECUTIVE ENGINEER
             OFFICE OF THE EXECUTIVE ENGINEER,
             PWD N.H. DIVISION, MALAPPURAM, PIN - 676505
     5       THE ASSISTANT EXECUTIVE ENGINEER
             OFFICE OF THE EXECUTIVE ENGINEER,
             PWD N.H. SUB DIVISION,
             KUTTIPURAM P.O., MALAPPURAM, PIN - 679571
     6       THE SENIOR FINANCE OFFICER
             OFFICE OF THE CHIEF ENGINEER,
             PUBLIC WORKS DEPARTMENT (NATIONAL HIGHWAYS),
             MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695033
 WPC NOS. 19295/2022 AND CONNECTED CASES

                                          6


             BY ADV VISHNU RAJAGOPAL


             GP- SRI RAJEEV JYOTHISH GEORGE

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, ALONG WITH WP(C).19295/2022 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC NOS. 19295/2022 AND CONNECTED CASES

                                          7



                              JUDGMENT

(WPC Nos. 19295/2022, 19294/2022, 19328/2022, 19345/2022 and 19366/2022)

Petitioner is a contractor who have undertaken works awarded

by the State Government/PWD. According to the petitioner, works

were completed by the petitioner to the satisfaction of the State

Government. However, payments were not effected; it is thus

constrained in the above circumstances these writ petitions are

filed.

2. Today, when the matter is taken up, the learned counsel

for the petitioner as well as the learned Government Pleader

submitted that, the amounts due to the petitioner on account of

various works in the above writ petitions are paid on 17.11.2022,

23.11.2022, 17.11.2022, 17.11.2022 and 28.11.2022 respectively.

In that view of the matter, I do not think anything survives to

be further adjudicated in the writ petitions. Therefore, the writ

petitions are disposed of, recording the above aspects.

Sd/-

                                              SHAJI P.CHALY
LU                                                JUDGE

WPC NOS. 19295/2022 AND CONNECTED CASES

PETITIONER EXHIBITS :

EXHIBIT-P1 THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 31.12.2021 EXHIBIT -P2 THE TRUE COPY OF THE PROFORMA FOR FINANCIAL CLEARANCE CERTIFICATE DATED 25.04.2022 EXHIBIT -P3 THE TRUE COPY OF THE COMMUNICATION ISSUED TO THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 25.04.2022 EXHIBIT-P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATE BANK OF INDIA, SME MALAPPURAM BRANCH TO THE PETITIONER DATED 11.05.2022

RESPONDENT EXHIBITS :

ANNEXURE R2A TRUE COPY OF LETTER RW/G 23012/01/2021 W A DATED 13.12.2021 ANNEXURE R2B TRUE COPY OF LETTER NO. RW/G 23012/01/2021 W A DATED 24.03.2022 ANNEXURE R2C TRUE COPY OF LETTER N0. RW/G 23012/01/2021 W A DATED 31.03.2022 ANNEXURE R2D TRUE COPY OF STATEMENT OF RPAO (NH) BANGALORE ANNEXURE R2E TRUE COPY OF OFFICE LETTER RW/TRL/COURT CASE/65/2015 16 DATED 22.08.2022 ANNEXURE R2F TRUE COPY OF LETTER RW/TRI/COURT CASE/65/2015 16 DATED 26.08.2022 WPC NOS. 19295/2022 AND CONNECTED CASES

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 31.12.2021 EXHIBIT P2 THE TRUE COPY OF THE PROFORMA FOR FINANCIAL CLEARANCE CERTIFICATE DATED NIL EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED TO THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 24.03.2022 EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATE BANK OF INDIA, SME MALAPPURAM BRANCH TO THE PETITIONER DATED 11.05.2022

RESPONDENT EXHIBITS :

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 31.12.2021 EXHIBIT P2 THE TRUE COPY OF THE PROFORMA FOR FINANCIAL CLEARANCE CERTIFICATE DATED 26.04.2022 EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 26.04.2022 EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATE BANK OF INDIA, SME MALAPPURAM BRANCH TO THE PETITIONER DATED 11.05.2022

RESPONDENT EXHIBITS :

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 4TH RESPONDENT DATED 31.12.2021 EXHIBIT P2 THE TRUE COPY OF THE PROFORMA FOR FINANCIAL CLEARANCE CERTIFICATE DATED 08.06.2022 EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT DATED 24.03.2022 EXHIBIT P4 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATE BANK OF INDIA, SME MALAPPURAM BRANCH TO THE PETITIONER DATED 15.01.2022

RESPONDENT EXHIBITS:

EXHIBIT R2(A) TRUE COPY OF MINISTRY LETTER RW/G 23012/01/2021 WA DATED 13.12.2021 EXHIBIT R2(B) TRUE COPY OF MINISTRY LETTER NO.

RW/G23012/01/2021 W A DATED 24.03.2022 EXHIBIT R2(C) TRUE COPY OF MINISTRY'S LETTER N0. RW/G 23012/01/2021 W A DATED 31.03.2022 EXHIBIT R2(D) TRUE COPY OF STATEMENT OF REGIONAL PAY AND ACCOUNTS OFFICER EXHIBIT R2(E) TRUE COPY OF OFFICE LETTER RW/TRL/COURT CASE/65/2015 16 DATED 22.08.2022 EXHIBIT R2(F) TRUE COPY OF LETTER RW/TRI/COURT CASE/65/2015-16 DATED 26.08.2022 WPC NOS. 19295/2022 AND CONNECTED CASES

PETITIONER EXHIBITS :

EXHIBIT P1 THE TRUE COPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 5TH RESPONDENT DATED 31.12.2021 EXHIBIT P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT DATED 23.03.2022 EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE STATE BANK OF INDIA, SME MALAPPURAM BRANCH TO THE PETITIONER DATED 11.05.2022

RESPONDENT EXHIBITS :

EXHIBIT R2(A) TRUE COPY OF MINISTRY LETTER RW/G 23012/01/2021 W A DATED 13.12.2021 EXHIBIT R2(B) TRUE COPY OF MINISTRY LETTER NO.

RW/G23012/01/2021 W A DATED 24.03.2022 EXHIBIT R2(C) TRUE COPY OF MINISTRY'S LETTER N0. RW/G 23012/01/2021 W A DATED 31.03.2022 EXHIBIT R2(D) TRUE COPY OF STATEMENT OF REGIONAL PAY AND ACCOUNTS OFFICER EXHIBIT R2(E) TRUE COPY OF OFFICE LETTER RW/TRL/COURT CASE/65/2015- 16 DATED 22.08.2022 EXHIBIT R2(F) TRUE COPY OF LETTER RW/TRI/COURT CASE/65/2015-16 DATED 26.08.2022

// True Copy // PA To Judge