B Sundaran vs The Secretary
2023 Latest Caselaw 7649 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                        WP(C) NO. 21235 OF 2023
PETITIONER:

            B SUNDARAN
            AGED 55 YEARS
            S/O BALAKRISHNAN, CHAITHANYA, VALLOM, KOTTARAKKARA P.O,
            KOLLAM, PIN - 691506

            BY ADVS.
            SHAKTHI PRAKASH
            V.A.VINOD



RESPONDENTS:

    1       THE SECRETARY
            WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001, PIN - 695001

    2       CHIEF ENGINEER (FAC)
            OFFICE OF THE CHIEF ENGINEER, IRRIGATION &
            ADMINISTRATION, PUBLIC OFFICE BUILDING,
            THIRUVANANTHAPURAM, PIN - 695033

    3       THE SUPERINTENDING ENGINEER
            DEPARTMENT OF IRRIGATION, IRRIGATION SOUTH CIRCLE,
            THIRUVANANTHAPURAM, PIN - 695033

    4       EXECUTIVE ENGINEER
            DEPARTMENT OF IRRIGATION, KIP COMPOUND ROAD, ASRAMAM,
            KOLLAM, PIN - 691001


OTHER PRESENT:

            SRI. B.S.SYAMANTAK, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.21235 of 2023

                                    2

                  P.V.KUNHIKRISHNAN
              ---------------------
                 W.P (C) No.21235 of 2023
           ---------------------------
             Dated this the 14th day of July, 2023

                              JUDGMENT

This writ petition is filed with the following prayers:-

"a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 3rd Respondent to consider and pass orders on Ext.P5 representation within a period as fixed by this Hon'ble Court ;

b) To dispense with the production of the translation of vernacular documents.

c) Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case. " (SIC)

2. The petitioner is a PWD contractor and he was

awarded with three contract works for protection of Alappad

Seacoast on quotation basis. It is submitted that the

contract entered between the petitioner and the

Department was cancelled and the work was re-tendered. It

is the case of the petitioner that nobody turned up so far.

Now, the petitioner is ready to complete the work at the

earlier rate itself. The petitioner submitted Ext.P5 before

the 3rd respondent. The grievance of the petitioner is that W.P (C) No.21235 of 2023

the same is not considered.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think that this writ

petition itself can be disposed of directing the 3 rd

respondent to consider Ext.P5 within a time frame with

notice to the petitioner. I make it clear that I have not

considered the matter on merit and the 3 rd respondent is

free to pass appropriate orders in accordance with law.

Therefore, this writ petition is disposed of with the

following directions.

1) The 3rd respondent is directed to consider and pass appropriate orders in Ext.P5, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate within one month from the date of receipt of a certified copy of this judgment.

2) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 3rd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng W.P (C) No.21235 of 2023

APPENDIX OF WP(C) 21235/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER DATED 16.07.2021 ISSUED BY THE 3RD RESPONDENT AWARDING THE WORK TO THE PETITIONER

Exhibit P2 TRUE COPY OF THE LETTER DATED 16.07.2021 ISSUED BY THE 3RD RESPONDENT AWARDING THE WORK TO THE PETITIONER

Exhibit P3 TRUE COPY OF THE LETTER DATED 16.07.2021 ISSUED BY THE 3RD RESPONDENT AWARDING THE WORK TO THE PETITIONER

Exhibit P4 TRUE COPY OF THE LETTER DATED 06.11.2021 ISSUED BY THE 4TH RESPONDENT TO THE GEOLOGIST KOLLAM

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 01.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT