Kerala High Court

Muhammed Skkeer K vs State Of Kerala on 8 February, 2023

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944
                 WP(C) NO. 41112 OF 2022
PETITIONER:

         MUHAMMED SAKKEER K .,
         AGED 39 YEARS
         S/O. MAHEEN K.,
         CONTRACTOR,
         SHAFEEQUE MANZIL,
         BEVINJE,
         THEKKIL FERRY P.O.,
         KASARAGOD DISTRICT,
         PIN - 671 541.

         BY ADV. BABU JOSEPH KURUVATHAZHA


RESPONDENTS:

    1    STATE OF KERALA,
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         DEPARTMENT OF PUBLIC WORKS,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695 001.

    2    CHIEF ENGINEER,
         PUBLIC WORKS DEPARTMENT (ROADS),
         PUBLIC OFFICES,
         VIKAS BHAVAN P.O.,
         THIRUVANANTHAPURAM-695 033.

    3    SUPERINTENDING ENGINEER,
         PUBLIC WORKS DEPARTMENT,
         ROADS CENTRAL CIRCLE,
         ALUVA,
         ERNAKULAM DISTRICT,
         PIN-683 101.

    4    EXECUTIVE ENGINEER,
         PUBLIC WORKS DEPARTMENT,
         ROADS DIVISION,
         THRIKKAKARA,
         ERNAKULAM DISTRICT,
         PIN-682 021.

    5    ASSISTANT EXECUTIVE ENGINEER,
         PUBLIC WORKS DEPARTMENT,
 W.P.(C.) Nos. 41112/2022 & 1520/2023

                                        2

             ROADS SUB DIVISION,
             NORTH PARAVUR,
             ERNAKULAM DISTRICT,
             PIN683 513.

     6       ASSISTANT ENGINEER,
             PUBLIC WORKS DEPARTMENT,
             ROADS SECTION,
             NJARAKKAL,
             ERNAKULAM DISTRICT,
             PIN-682 505.

             BY SMT. RASHMI.K.M, SENIOR GOVERNMENT PLEADER


      THIS     WRIT    PETITION        (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 08.02.2023, ALONG WITH W.P.(C.).NO.1520/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944
                  WP(C) NO. 1520 OF 2023
PETITIONER:

         MUHAMMED SAKKEER K
         AGED 39 YEARS
         S/O. MAHEEN K., CONTRACTOR,
         SHAFEEQUE MANZIL, BEVINJE,
         THEKKIL FERRY P.O.,
         KASARAGOD DISTRICT.,
         PIN - 671541

         BY ADVS.BABU JOSEPH KURUVATHAZHA
                 MOHAMMED SHAFI.K
                 K.S.ARCHANA


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
         DEPARTMENT OF PUBLIC WORKS,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695 001,
         PIN - 695001

    2    CHIEF ENGINEER
         PUBLIC WORKS DEPARTMENT (ROADS),
         PUBLIC OFFICES,
         VIKAS BHAVAN P.O.,
         THIRUVANANTHAPURAM.,
         PIN - 695033

    3    SUPERINTENDING ENGINEER
         PUBLIC WORKS DEPARTMENT,
         ROADS CENTRAL CIRCLE,
         ALUVA, ERNAKULAM DISTRICT.,
         PIN - 683101

    4    EXECUTIVE ENGINEER
         PUBLIC WORKS DEPARTMENT,
         ROADS DIVISION,
         THRIKKAKARA,
         ERNAKULAM DISTRICT.,
         PIN - 682021

    5    ASSISTANT EXECUTIVE ENGINEER
         PUBLIC WORKS DEPARTMENT,
         ROADS SUB DIVISION,
 W.P.(C.) Nos. 41112/2022 & 1520/2023

                                        4

             NORTH PARAVUR,
             ERNAKULAM DISTRICT.,
             PIN - 683513

     6       ASSISTANT ENGINEER
             PUBLIC WORKS DEPARTMENT,
             ROADS SECTION, NJARAKKAL,
             ERNAKULAM DISTRICT.,
             PIN - 682505



             BY SMT. RASHMI.K.M, SENIOR GOVERNMENT PLEADER


      THIS    WRIT PETITION            (CIVIL) HAVING      COME UP   FOR
ADMISSION       ON    08.02.2023,           ALONG   WITH   W.P.(C.).NO.
41112/2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) Nos. 41112/2022 & 1520/2023

                                       5



                               JUDGMENT

The above writ petitions are filed by one and the same

petitioner, a contractor who was awarded with a work by

the Public Works Department in regard to construction of a

road. Apparently, the work of the petitioner was terminated

and the work was re-tendered. The termination is under

challenge in W.P.(C.) No. 41112/2022 and the re-tendering

is under challenge in W.P.(C.) No. 1520/2023.

2. A detailed adjudication of the matter is not

required since when the matter came up before me on

23.01.2023, I passed an order directing the authorities as

to whether the termination can be revoked and the balance

work can be directed to be completed by the petitioner.

3. Taking into consideration various facts and the

interim order passed by this Court, as per Ext.P19 order

dated 05.02.2023, produced along with I.A. No. 3/2023 in

W.P.(C.) No. 41112/2022, the termination was revoked and

the petitioner is directed to complete the work on or before

28.02.2023 on condition that the petitioner remits the W.P.(C.) Nos. 41112/2022 & 1520/2023

initial liability of 30% of the value of the balance work to be

completed with the Superintending Engineer.

4. Learned counsel for the petitioner pointed out

that even though re-tender was made by the respondents,

there was no response to the same and virtually, it has

become inconsequential.

5. I have heard learned counsel for the petitioner,

Sri. Babu Joseph Kuruvathazha and learned Senior

Government Pleader, Smt. Rashmi K.M. and perused the

pleadings and material on record.

6. The discussion made above would make it clear

that there is no adjudication required in the writ petitions

consequent to the subsequent developments that have

taken place during the pendency of the writ petitions. The

learned counsel for the petitioner submitted that the date

of completion fixed in Ext.P19 and the security amount of

30% of the value of the balance work cannot be sustained.

7. Taking into consideration the facts and

circumstances and that today is 08.02.2023, the petitioner W.P.(C.) Nos. 41112/2022 & 1520/2023

may not be able to complete the work within the time

period fixed in Ext.P19. Therefore, I am of the view that

reasonably the time can be extended.

8. Therefore, the time for completion of the balance

work is extended by six weeks from today. In respect of the

security to be provided, there will be a direction to the

petitioner to provide bank guarantee of 30% of the value of

the balance work. There will be a direction to the

competent among the respondents to quantify 30% value

for which the security is to be provided by the petitioner, at

the earliest and on receipt of the same, the petitioner shall

furnish the same without any delay; within one week

thereafter. However, I make it clear that if there are any

certified pending bills that can be adjusted against the

securities sought for in Ext.P19. I also make it clear that if

the petitioner is not undertaking the balance work and

furnishing the security as is directed above, the

respondents will be at liberty to proceed, in accordance

with law and take appropriate action. W.P.(C.) Nos. 41112/2022 & 1520/2023

Writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY JUDGE

DCS/08.02.2023 W.P.(C.) Nos. 41112/2022 & 1520/2023

APPENDIX OF WP(C) 41112/2022

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SITE SCHEDULE OF THE WORK INVOLVED IN THE AGREEMENT DATED 4.1.2020.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 13.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE 3RD RESPONDENT ON 19.5.2022.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 31.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 29.8.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 13.9.2022 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 11.10.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 13.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 14.10.2022 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 27.10.2022 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE ISSUED LETTER DATED 31.10.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 17.11.2022 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 26.11.2022 ISSUED BY THE 3RD RESPONDENT.

W.P.(C.) Nos. 41112/2022 & 1520/2023

EXHIBIT P14 TRUE COPY OF THE LETTER DATED 27.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P14 A TRUE COPY OF THE LETTER DATED 25.11.2022 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 9.12.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 14.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 25.1.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED ORDER DATED 23.1.2023 IN W.P.(C) NO.41112/2022.

EXHIBIT P19 TRUE COPY OF THE ORDER DATED 4.2.2023 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P20 TRUE COPY OF THE ORDER DATED 7.2.2023 ISSUED BY THE 3RD RESPONDENT.

W.P.(C.) Nos. 41112/2022 & 1520/2023

APPENDIX OF WP(C) 1520/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 13.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE MEETING CONVENED BY THE 3RD RESPONDENT ON 19.5.2022.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 31.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 29.8.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER DATED 13.9.2022 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 11.10.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 13.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 14.10.2022 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 27.10.2022 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE LETTER DATED 31.10.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 17.11.2022 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE LETTER DATED 26.11.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE LETTER DATED 27.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE LETTER DATED W.P.(C.) Nos. 41112/2022 & 1520/2023

25.11.2022 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 9.12.2022 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 14.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 16.12.2022 IN W.P. (C) NO.41112/2022.

EXHIBIT P18 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 21.12.2022 IN W.P.(C) NO.41112/2022.

EXHIBIT P19 TRUE COPY OF THE LETTER DATED 26.12.2022 FORWARDED BY THE EXECUTIVE ENGINEER, P.W.D. ROADS DIVISION, THRISSUR, TO THE 3RD RESPONDENT. EXHIBIT P20 TRUE COPY OF THE NOTICE INVITING TENDER DATED 7.1.2023 ISSUED BY THE 3RD RESPONDENT.