Jolly Jose vs Ombudsman
2023 Latest Caselaw 7469 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                      WP(C) NO. 22027 OF 2023
PETITIONER:

             JOLLY JOSE
             AGED 60 YEARS, S/O. LATE T.M. JOSE,
             CONTRACTOR, THEKKETHERUVIL HOUSE,
             MUKKUDOM P.O., IDUKKI DISTRICT., PIN - 685562
             BY ADVS.
             BABU JOSEPH KURUVATHAZHA
             MOHAMMED SHAFI.K
             ARCHANA K.S.
             HRISHIKRISHNAN

RESPONDENTS:

     1       OMBUDSMAN
             MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE
             SCHEME, NEAR TALUK SUPPLY OFFICE,
             PAINAVU, PAINAVU P.O.,
             IDUKKI DISTRICT., PIN - 685603
     2       KONNATHADY GRAMA PANCHAYT
             KONNATHADY P.O., IDUKKI DISTRICT, PIN - 685563
             REPRESENTED BY ITS SECRETARY.
     3       PROPRIETOR
             M/S. NEON TECHNOLOGIES,
             X-1459, IDUKKI COLONY P.O., CHERUTHONY,
             IDUKKI DISTRICT., PIN - 685602
OTHER PRESENT:

             SRI.JOICE GEORGE, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.22027/2023

                                        2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.22027 of 2023
             ----------------------------------------------
            Dated this the 07th day of July, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

i. issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P19 award issued by the 1st respondent and Ext.P20 demand notice issued by the 2nd respondent. ii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to dispose of the entire admitted bill amount, for the materials supplied by the petitioner, in pursuance to Ext.P9 agreement, forthwith.

iii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 2nd respondent to permit the petitioner to execute the balance work comprised in Ext.P9 agreement, forthwith.

iv. issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.

v. dispense with the translation of the documents produced in the Vernacular Language.

(SIC) WP(C).No.22027/2023

2. Petitioner is challenging Ext.P19 order passed by

the 1st respondent. A perusal of the last portion of Ext.P19

itself shows that it is an appealable order. The petitioner is

free to file an appeal. The counsel for the petitioner submitted

that huge amount is due to the petitioner and none of the

contentions are considered by the 1 st respondent while

deciding the matter and there is violation of natural justice. It

is also submitted by the counsel that why the petitioner was

subjected to penalty and punishment is also not at all

discussed in Ext.P19. It is further submitted that the work

awarded to the petitioner is also terminated and hence this

Court may interfere with Ext.P19.

3. Heard the learned Standing Counsel for the

Panchayat also.

4. This Court perused Ext.P19 order. Since an appeal

is provided in Ext.P19 order itself, I think the petitioner has to

avail that remedy. All the contentions raised by the petitioner

in this writ petition can be raised before the appellate

authority. The petitioner is also free to file a stay petition

along with the appeal and if a stay petition is filed, the

appellate authority will consider the same forthwith. Till the WP(C).No.22027/2023

stay petition is considered, the operation of Ext.P19 can be

deferred.

Therefore, this writ petition is disposed of in the

following manner:

1. The petitioner is free to challenge Ext.P19 order

by filing an appeal along with a stay petition,

within two weeks from the date of receipt of a

stamped certified copy of this judgment.

2. Once such an appeal and stay petition are

received, the appellate authority will consider

the stay petition immediately and pass

appropriate orders in it, after affording an

opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within two

weeks from the date of receipt of the appeal with

stay petition.

3. Till stay petition is considered, the operation of

Ext.P19 is deferred.

4. After disposing the stay petition, the appellate

authority will dispose the appeal itself, as

expeditiously as possible, at any rate, within two WP(C).No.22027/2023

months from the date of receipt of a stamped

certified copy of this judgment, after giving an

opportunity of hearing to the petitioner.

5. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition and with the appeal and stay

petition before the appellate authority for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.22027/2023

APPENDIX OF WP(C) 22027/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CONTRACTOR'S LICENCE OF THE PETITIONER VALID UP TO 31.3.2023, ISSUED BY THE SUPERINTENDENT ENGINEER, MINOR IRRIGATION CENTRAL CIRCLE, ERNAKULAM. Exhibit P2 TRUE COPY OF THE LICENSE APPLICATION FEE - RENEWAL FORM, ISSUED TO THE PETITIONER.

Exhibit P3 TRUE COPY OF G.O.(MS) NO.13/2023/PWD DATED 28.2.2023 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P4 TRUE COPY OF G.O.(MS) NO.22/2023/PWD DATED 18.04.2023 ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P5 TRUE COPY OF THE CONTRACTOR'S REGISTRATION CARD OF THE PETITIONER DATED 2.5.2023, VALID UP TO 31.3.2026 ISSUED BY THE SUPERINTENDING, MINOR IRRIGATION CIRCLE, ERNAKULAM. Exhibit P6 TRUE COPY OF THE TENDER NOTIFICATION DATED 10.2.2023 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE TENDER DETAILS DATED 10.2.2023 PUBLISHED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 27.2.2023 FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.

Exhibit P8(a) TRUE COPY OF THE LETTER DATED 28.2.2023 ISSUED BY THE 1ST RESPONDENT IN RESPONSE TO EXT.P8.

Exhibit P8(b) TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 25.6.2020 IN W.P. (C) NO.1989/2020.

Exhibit P9 TRUE COPY OF THE AGREEMENT DATED 2.3.2023 ENTERED INTO BETWEEN THE 2ND RESPONDENT AND PETITIONER.

Exhibit P10 TRUE COPY OF THE LETTER DATED 2.3.2023 ISSUED BY THE 2ND RESPONDENT.

WP(C).No.22027/2023

Exhibit P10(a) TRUE COPY OF THE LIST OF 53 ITEMS OF MATERIALS, ENCLOSED ALONG WITH EXT.P10.

Exhibit P11 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 17.3.2023 IN W.P.(C) NO.8013/2023.

Exhibit P12 TRUE COPY OF THE INTERIM ORDER DATED 30.3.2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P13 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 14.3.2023 FILED BY THE 2ND RESPONDENT IN W.P.(C) NO.8103/2023. Exhibit P14 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 10.4.2023 IN W.P. (C) NO.8013/2023.

Exhibit P15 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 13.4.2023 IN W.A. NO.805/2023.

Exhibit P16 TRUE COPY OF THE NOTICE DATED 12.4.20233 ISSUED BY THE 1ST RESPONDENT.

Exhibit P17 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 18.4.2023 (EXCEPT WITH THE DOCUMENTS) SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AT THE TIME OF HEARING ON 20.4.2023.

Exhibit P18 TRUE COPY OF THE RELEVANT PORTION OF KERALA PWD MANUAL REVISED EDITION 2012 (CLAUSE 2009.3).

Exhibit P19 TRUE COPY OF THE AWARD NO.OMB.56/MGNREGA/IDK/2023 DATED 31.5.2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P20 TRUE COPY OF THE NOTICE DATED 5.6.2023 ISSUED BY THE 2ND RESPONDENT, DIRECTING THE PETITIONER TO REMIT AN AMOUNT OF RS.5,94,211/-, WITH INTEREST AT THE RATE OF 12% WITH EFFECT FROM 2.3.2023, WITHIN 30 DAYS OF RECEIPT OF EXT.P20.