Suresh Kumar V.K vs The District Collector, ...
2023 Latest Caselaw 1838 Ker

               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. 39399 OF 2022
PETITIONER:

          SURESH KUMAR V.K.
          AGED 56 YEARS
          S/O. KRISHNAPILLA, KIZHAKKEVENGOOR, VAZHARMANGALAM
          P.O., MANGALAM, CHENGANNUR-689124.
          BY ADVS.
          GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
          MANU SRINATH
          SHERIN EDISON


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, ALAPPUZHA
          COLLECTORATE, ALAPPUZHA-688001.
    2     THE EXECUTIVE ENGINEER (AGRICULTURE),
          BLOCK OFFICE ROAD, KALARCODE, PAZHAVEEDU,
          ALAPPUZHA, KERALA-688003.
    3     THE ASST. EXECUTIVE ENGINEER (AGRICULTURE),
          BLOCK OFFICE ROAD, KALARCODE, PAZHAVEEDU,
          ALAPPUZHA, KERALA-688003.
OTHER PRESENT:

          SR.GP SMT DEEPA. N


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39399 OF 2022
                                   2



                          JUDGMENT

This writ petition is filed by the petitioner seeking the

following reliefs;

" i. issue a writ in the nature of mandamus or any other writ, order or direction directing the 2 nd respondent to consider and pass appropriate orders on Ext.P11 Representation filed by the Petitioner, in a time bound manner;

ii. The petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the documents produced in the vernacular language;

iii. Grant such other reliefs as deemed fit by this Hon'ble Court."

2. Petitioner is a contractor, who was awarded with

the contract of RIDF-XXII-Infrastructural Development works

at selected Padasekharams of Cheriyanand Grama Panchayat-

Construction of Pump House and allied infrastructures at

Kayalodi Padasekharam. According to the petitioner, the site

was handed over to him on 16.09.2019 by the 3 rd respondent.

It is the case of the petitioner that he was unable to execute

the work due to reasons beyond his control like local agitation

by the farmers in the area, flooding, upon insistence by the WP(C) NO. 39399 OF 2022

Engineers of the Pampa Irrigation Project etc. Anyhow, It is

submitted that consequent to the failure on the part of

petitioner to execute the agreement, tender awarded was

cancelled and security amount of Rs. 1,65,700/- was forfeited

to the Government. In that situation, the petitioner has

submitted Ext.P11 representation before the Executive

Engineer (Agriculture), Block Office Road, Alappuzha, and the

same is pending consideration.

3. Even though various contentions are raised, the

relief sought for by the petitioner is to dispose of Ext.P11

representation. The learned Government Pleader, on

instructions, submitted that, Ext.P11 representation cannot be

considered by the Executive Engineer, who has cancelled the

contract forfeiting the amount and it can only be considered

by the immediate higher authority.

4. I have heard Sri. Manu Srinath, the learned counsel

for the petitioner and Smt. N Deepa, the learned Senior

Government Pleader and perused the pleadings and materials

on record.

WP(C) NO. 39399 OF 2022

5. There will be a direction to the 2nd respondent,

Executive Engineer (Agriculture) to transmit Ext.P11

representation to the additional 4 th respondent, who shall

consider Ext.P11 representation in accordance with law, at

the earliest and at any rate, within a period of one month

from the date of receipt of a copy of this judgment, after

providing an opportunity of hearing to the petitioner.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY JUDGE LU WP(C) NO. 39399 OF 2022

APPENDIX OF WP(C) 39399/2022

PETITIONER EXHIBITS :

EXHIBIT P1 A TRUE COPY OF LETTER NO. EE(2) 1193/18 DATED 7.6.2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF LETTER NO.AE(2)240/18 DATED 2.11.2019 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE ACKNOWLEDGMENT FORM SHOWING THE HANDING OVER OF SITE. EXHIBIT P3 A TRUE COPY OF REPRESENTATION DATED 23.1.2020 FILED BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

EXHIBIT P4 A TRUE COPY OF REPRESENTATION DATED 25.6.2020 FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.

EXHIBIT P5 A TRUE COPY OF REPRESENTATION DATED 1.7.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF LETTER NO.EE(2)1193/2018 DATED 8.7.2021 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 17.7.2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE LETTER NO.EE(2)1193/2018 ISSUED BY THE 2ND RESPONDENT DATED 29.9.2021.

EXHIBIT P9 A TRUE COPY OF THE ORDER NO.EE(2)1193/18 DATED 12.5.2022 ISSUED BY 2ND RESPONDENT. EXHIBIT P10 A TRUE COPY OF THE LETTER NO.EE(2)1193/18 DATED 16.5.2022 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION DATED 5.11.2022 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH THE POSTAL RECEIPT.

             //   True Copy   //         PA To Judge