C.K.Paulose vs The Kerala State Plantation ...
2023 Latest Caselaw 2437 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
                          WP(C) NO. 37357 OF 2022
PETITIONER:

             C.K.PAULOSE
             AGED 69 YEARS
             S/O KURIAKOSE,
             CHENNAMVELIL HOUSE,
             KOLENCHERRY P.O.,
             ERNAKULAM DISTRICT,        682 311
             BY ADV. SAJEEV KUMAR K.GOPAL

RESPONDENTS:

        1    THE KERALA STATE PLANTATION CORPORATION LTD.,
             MUTTAMBALAM,
             KOTTAYAM-686 004,
             REPRESENTED BY ITS CHAIRMAN AND MANAGING
             DIRECTOR.
        2    THE CHAIRMAN AND MANAGING DIRECTOR,
             THE KERALA STATE PLANTATION CORPORATION LTD.
             MUTTAMBALAM,
             KOTTAYAM-686 004.
        3    THE MANAGER,
             THE KERALA STATE PLANTATION CORPORATION LTD.
             KALLALA ESTATE, KALADY PLANTATION P.O.,
             MANJAPRA, KALADY-683 581.
        4    THE MANAGER,
             THE KERALA PLANTATION CORPORATION LTD.,
             ATHIRAPILLY ESTATE,
             VETTILAPPARA, ATHIRAPILLY ROAD,
             ATHIRAPILLY, THRISSUR DISTRICT-680 721.
             BY SRI.RAJESH N., SC, PLANTAION CORPORATION OF INDIA

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    24.02.2023,   THE    COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C.) No. 37357/2022                2



                                JUDGMENT

This writ petition is filed by the petitioner seeking the

following reliefs:-

"i) issue a writ of Mandamus or any other appropriate writ or direction orders directing the respondents to forthwith sanction and disburse the final bill submitted by the petitioner with respect to the final felling work of A1 and A2 Division of Kallala Estate of Kalady Plantation of the 1st respondent forthwith by considering Exhibits P-7 and P-8;

ii) issue a writ of Mandamus or any other appropriate writ or direction orders directing the 3rd respondent to take immediate steps to measure out the area allotted to the petitioner for final felling as per Exhibit P-1 with respect to A1 and A2 Division and to ascertain whether any area has been left unattended or whether any excess area has been cleared and permit the petitioner to complete the work with respect to any area that has been found unattended;

iii) issue a writ of Mandamus or any other appropriate writ or direction orders directing the respondents 1 and 4 to sanction the final bill submitted by the petitioner with respect to the fire belt work done by the petitioner for A1,A2 and A3 Division of Athirapilly Estate of the 1st respondent by considering Exhibits P-9, P-10, P-11 and P-12;

iv) to dispense with the production of English Translation of documents which are in vernacular language;"

2. Petitioner has been awarded with 1) final felling

of cashew trees of A1 and A2 Division of Kallala Estate

having an area of 52.68 and 32.00 Hectares respectively

and 2) Fire Belt Work of A1, A2 and A3, Division of

Athirapilly Estate of the Kerala State Plantation Corporation

Limited - the 1st respondent. According to the petitioner,

petitioner completed the above works and submitted the

final bill. However, it is not sanctioned irrespective of

repeated representations submitted by the petitioner. It is

also submitted that with respect to the final felling, the

objection of the Manager of the first respondent

Corporation - the third respondent is that the petitioner

had not completed the work and two hectares are

remaining to be completed. It is the grievance of the

petitioner that though petitioner requested to conduct a

measurement regarding the area of the work undertaken,

the third respondent has not taken any steps in that

regard. It is in the said background that the reliefs are

sought for by the petitioner.

3. A statement is filed for and on behalf of the first

respondent refuting the claims and demands raised by the

petitioner. According to the first respondent, in so far as

the work completed by the petitioner is concerned, bills are

paid, however, the work in respect of fire belt of A1, A2 and

A3 Division was completed by the petitioner belatedly and

therefore, the bills are pending consideration. It is also

pointed out that since two years have elapsed after the

completion of work, there is wild growth and there is

difficulty for taking the measurement as requested by the

petitioner.

4. I have heard learned counsel for the petitioner,

Sri. Sajeev Kumar K.Gopal and learned Standing Counsel

for the respondents, Sri. Rajesh N. and perused the

pleadings and material on record.

5. In so far as the bills which are undisputed, there

will be a direction to the respondents to release the same

to the petitioner within one month from the date of receipt

of a copy of this judgment. Since the petitioner has a case

that the final felling work was completed by the petitioner

in terms of the contract and since the measurement was

not taken, there will be a direction to the competent among

the respondents to carry out the measurement of the work

done by the petitioner, at the earliest, and at any rate,

within one month from the date of receipt of a copy of this

judgment. Ultimately, if it is found that petitioner

completed the work and amounts are due to the petitioner

on account of the bills raised by the petitioner, steps shall

be taken to release the same to the petitioner, at the

earliest possible.

Sd/-

SHAJI P. CHALY JUDGE

DCS/24.02.2023

APPENDIX

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE ISSUED BY THE MANAGER OF THE 1ST RESPONDENT DATED 29-10-2021 VIDE NO KLA/GL/8/843. EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 28-

02-2022 BY WHICH THE FINAL BILL WAS SUBMITTED WITH RESPECT TO A1 DIVISION FOR 52.68 HA EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 15-05-2022 BY WHICH THE FINAL BILL WAS SUBMITTED WITH RESPECT TO A2 DIVISION FOR 32.00 HA.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 13- 07-2022.

EXHIBIT P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 25-07-2022.

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 26-07-

2022 VIDE NO.KLA/GL/8/620 ISSUED BY THE MANAGER OF THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 03- 08-2022.

EXHIBIT P8 TRUE COPY OF THE LAWYER NOTICE ISSUED FOR AND ON BEHALF OF THE PETITIONER DATED NIL.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 14- 03-2022 REQUESTING TO SANCTION THE FINAL BILL OF THE FIRE BELT WORK DONE BY THE PETITIONER WITH RESPECT TO A1,A2 AND A3 DIVISION OF ATHIRAPILLY ESTATE

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 17-08-2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANAGER OF THE ATHIRAPILLY DIVISION EXHIBIT P12 TRUE COPY OF THE LAWYER NOTICE ISSUED FOR AND ON BEHALF OF THE PETITIONER TO THE 1ST RESPONDENT