Kerala High Court
M.T.Abdul Zubair vs The Chief Engineer 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. 24544 OF 2022
PETITIONER/S:
M.T.ABDUL ZUBAIR
AGED 46 YEARS, S/O. M.T. ABDULRAHIMAN HAJI,
11/374, KALLUMKOTTAM HOUSE,
BEVINJA, P.O.THEKKIL FERRY, CHENGALA, KASARGODE.,
PIN - 671 541.
BY ADV U.K.DEVIDAS
RESPONDENT/S:
1 THE CHIEF ENGINEER,
KERALA STATE RURAL ROADS DEVELOPMENT AGENCY,
LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 5TH FLOOR,
SWARAJ BHAVAN, NANTHANCODE, KOWDIAR.P.O.,
THIRUVANANTHAPURAM ., PIN - 695 003.
2 THE EXECUTIVE ENGINEER
.PROGRAMME IMPLEMENTATION UNIT,
PMGSY, CIVIL STATION, KANNUR ., PIN - 670 002.
3 THE ACCREDITED ENGINEER
PROGRAMME IMPLEMENTATION UNIT,
PMGSY, CIVIL STATION, KANNUR -670 002.
BY ADV ADVOCATE GENERAL OFFICE KERALA
SR. GOVERNMENT PLEADER, SMT. RESHMI.K.M
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 24544/2022 :2:
SHAJI P. CHALY, J.
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W.P.(C). No. 24544 of 2022
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Dated this the 1st day of February, 2023.
JUDGMENT
The petitioner, a PWD contractor engaged by the Kerala State
Rural Development Agency for improvements of a road as per Exhibit
P1 letter of acceptance dated 23.09.2019, has filed this writ petition
seeking a direction to the Chief Engineer, Kerala State Rural Roads
Development Agency and the Executive Engineer, Programme
Implementation Unit, PMSSY, Civil Station, Kannur, respondent Nos. 1
and 2, to relieve the petitioner from the works awarded to him as per
Exhibit P2 agreement dated 15.10.2019, to pass final bill and issue
completion certificate in the works completed from 0/000 to 2/880 km
and return the amounts deposited by the petitioner while executing
Exhibit P2 agreement with the first respondent; and alternatively for a
direction to respondents 1 and 2 to consider Exhibits P8 and P9
representations submitted by him to relieve him from the agreement
in question and for other related reliefs.
2. I have heard the learned counsel for the petitioner Sri. U.K.
Devidas and the learned Government Pleader Smt. Reshmi K.M., and
perused the pleadings and materials on record.
3. The petitioner has raised various contentions with respect to
the difficulties faced by him in order to carry out the balance work.
According to the petitioner, he has undertaken the work of a road.
However, the construction of a bridge in between the road was
awarded to a different contractor, who has not completed the same,
which disabled the petitioner to carry out the rest of the work on the
other side of the bridge.
4. A counter affidavit is filed by the second respondent and
along with the same, various documents are produced. The claims
raised by the petitioner are disputed and it is also contended that the
petitioner has not completed the road work awarded to him.
5. In my considered opinion, since Exhibits P8 and P9
representations are pending before the Executive Engineer,
Programme Implementation Unit, PMGSY, Kannur, it is only
appropriate that the said authority is directed to consider the same
and take a decision in accordance with law, for the basic reason that
the claims raised by the petitioner is disputed by the second
respondent in the counter affidavit filed, and therefore, the issue can
only be deciphered by a fact finding body.
6. Anyhow, it is pointed out by the learned Senior Government
Pleader that Exhibit R2(f) letter dated 22.07.2022 was issued to the
petitioner for a hearing on 26.07.2022; but, the petitioner did not
appear.
7. In that view of the matter, the petitioner is directed to be
present before the Executive Engineer, Programme Implementation
Unit, PMGSY, Civil Station, Kannur, respondent No.2 on 15.02.2023 at
11 am and thereupon, the second respondent is directed to consider
Exhibit P8 and P9 at the earliest and at any rate within one month
from the said date, after providing an opportunity of hearing and
participation to the petitioner.
This writ petition is disposed of as above.
SHAJI P. CHALY, JUDGE.
Rv
APPENDIX OF WP(C) 24544/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED
23.09.2019 ISSUED BY THE FIRST RESPONDENT.
Exhibit P2 TRUE COPY OF THE AGREEMENT DATED 15.10.2019
EXECUTED BETWEEN THE PETITIONER AND FIRST
RESPONDENT
Exhibit P3 TRUE COPY OF THE NOTICE TO PROCEED WORK ISSUED
BY THE FIRST RESPONDENT DATED 15.10.2019
Exhibit P4 TRUE COPY OF THE NOTICE INVITING TENDER DATED
02.08.2019
Exhibi P5 TRUE COPY OF THE LETTER DATED 08.04.2021 ISSUED
BY THE SECOND RESPONDENT
Exhibit P6 TRUE COPY OF THE LETTER DATED 29.07.2021 ISSUED
BY THE FIRST RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER DATED 04.07.2022 ISSUED
BY THE THIRD RESPONDENT
Exhibi P8 TRUE COPY OF THE REPLY LETTER DATED 05.07.2022
SENT BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED
19.07.2022 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE NOTICE DATED 01.01.2021
EXHIBIT R2(B) TRUE COPY OF THE NOTICE DATED 28.03.2021
EXHIBIT R2(C) TRUE COPY OF THE NOTICE DATED 03.05.2021
EXHIBIT R2(D) TRUE COPY OF THE MINUTES OF THE MEETING DATED
26.11.2021.
EXHIBIT E2(E) TRUE COPY OF THE MINUTES OF THE MEETING DATED
26.11.2021
EXHIBIT R2(F) A TRUE COPY OF THE LETTER.
EXHIBIT R2(G) TRUE COPY OF THE MINUTES OF THE MEETING DATED
26.07.2022.
EXHIBIT R2(H) TRUE COPY OF THE NOTICE DATED 01.08.2022
EXHIBIT R2(I) TRUE COPY OF THE PROCEEDINGS DATED 16.04.2021
EXHIBIT R2(J) TRUE COPY OF THE PROCEEDINGS DATED 10.09.2021
EXHIBIT R2(K) TRUE COPY OF THE PROCEEDINGS DATED 02.07.2022
True Copy
P.S to Judge
