Kerala High Court

Smt.Remani S.Nair vs The Additional Chief Secretary on 22 June, 2023

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
       THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                    WP(C) NO. 20274 OF 2023
PETITIONER/S:
          SMT.REMANI S.NAIR, AGED 59 YEARS
          W/O.SOMAN NAIR, MANCHERY HOUSE, KOOVAPPADY ,
          PERUMBAVOOR, ERNAKULAM, PIN - 683544
          BY ADV T.RAJASEKHARAN NAIR
RESPONDENT/S:
    1     THE ADDITIONAL CHIEF SECRETARY
          WATER RESOURCES DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
    2     THE STATE MISSION DIRECTOR
          AMRUT, 4TH FLOOR, MEENAKSHI PLAZA, ARTECH
          BUILDING, OPPOSITE GOVT. HOSPITAL FOR WOMEN &
          CHILDREN, THYCAUD, THIRUVANANTHAPURAM, PIN -
          695014
    3     THE SUPERINTENDING ENGINEER,
          PUBLIC HEALTH CIRCLE, KERALA WATER AUTHORITY,
          KOCHI, PIN - 682011
    4     KERALA WATER AUTHORITY,
          REPRESENTED BY THE MANAGING DIRECTOR, JALABHAVAN,
          THIRUVANANTHAPURAM, PIN - 695033
    5     THE EXECUTIVE ENGINEER
          KERALA WATER AUTHORITY, GENERAL PROJECT DIVISION,
          KOCHI, PIN - 682011
    6     CHIEF ENGINEER (CR)
          KERALA WATER AUTHORITY, VELLAYAMBALAM,
          THIRUVANANTHAPURAM, PIN - 695010
    7     EXECUTIVE ENGINEER
          PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY,
          KOCHI, PIN - 682011
OTHER PRESENT:
          SRI.B.S.SYAMANTAK, GP, SRI.GEORGIE JOHNY, SC(KWA)
     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   22.06.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 20274 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 20274 of 2023
                         =============================================================

                       Dated this the 22nd day of June, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"I. To call for the records relating to the issuance of Exhibit P13 order and Exhibit P15 letter from the 3 rd respondent and to quash the same by issuing a writ of certiorari or other appropriate order.

II. To issue a writ of mandamus or other appropriate order by directing the 1st respondent to consider exhibit P-18 representation submitted by the petitioner and to pass an order after hearing the petitioner.

III. To issue a writ of mandamus or other appropriate order and by directing the respondents not to enforce exhibit P13 and P-15 orders as against the petitioner till the decision taken by the 1st respondent on exhibit P18 representation submitted by the petitioner.

IV. To dispense with filing of the English translation of vernacular documents.

V. Issue such other orders or direction as this Honourable Court may think fit and proper in the circumstances of the case." (sic)

W.P.(C). No. 20274 of 2023

2. The petitioner is an entrepreneur and a registered

Government contractor carrying out contract works for the Kerala

Water Authority. The 3rd respondent invited a tender on 23.1.2018 and

thereafter re-tendered on 23.10.2018 for construction of 13 LL

capacity OH tank at Edakochi in Ernakulam. The petitioner has

quoted tender for the work of "AMRUT 2017-18 construction of 13

LL capacity OHSR at Edakochi" and awarded the work on 30.12.2018

for the lowest bid. It is submitted that an agreement has been entered

between the 3rd respondent and the petitioner on 19.01.2019. The

petitioner was unable to complete the work in time because of the

several reasons is the submission. The petitioner even approached

this Court for police protection to carry out the work, it is submitted.

In the meanwhile, the work was terminated at risk and cost of the

petitioner by exhibit P3. The petitioner approached this Court

challenging the same, but this Court dismissed the same as per Ext.P5.

Exhibit P5 was challenged by filing a writ appeal and the Division

Bench also dismissed the appeal. Thereafter, the petitioner

approached the apex court also, but the apex court also dismissed SLP

W.P.(C). No. 20274 of 2023

but allowing the petitioner to take recourse to appropriate remedies, in

accordance with law. It is submitted that thereafter, the petitioner

approached the Hon'ble Minister of Water Resource and there was

some progress thereafter. Now, it is submitted that the 3 rd respondent

issued e-tender notice for completing the balance work at the risk and

cost of the petitioner by Ext.P14. It is also submitted that the

petitioner obtained another letter dated 05.12.2022 issued by the 3 rd

respondent directing to withhold any amount due to the petitioner for

the work done by the petitioner within the state. Ext.P15 is the letter.

It is the case of the petitioner that he incurred huge loss for the work

done in the above project. It is also submitted that the bank by which

the credit facilities have been granted to the above work, initiated

proceedings under the SARFAESI Act, as evident by Ext.P17. Hence,

the petitioner submitted Ext.P18 representation before the 1 st

respondent. The same is also not considered, is the grievance.

3. Heard the counsel for the petitioner and the Government

Pleader.

W.P.(C). No. 20274 of 2023

4. When this writ petition came up for consideration, the

counsel for the petitioner submitted that there may be a direction to

the 1st respondent to consider Ext.P18 and till then the coercive steps

against the petitioner may be deferred. This is a matter which reached

upto the Supreme Court at the first round of litigation. I am of the

considered opinion that no interim order can be passed in favour of

the petitioner in this case. But considering the facts and

circumstances of the case, there can be a direction to the 1 st

respondent to consider Ext.P18 within a time frame. I make it clear

that I have not considered the matter on merit, and the 1 st respondent

is free to pass appropriate orders, in accordance with law, after giving

an opportunity of hearing to the petitioner.

Therefore, this writ petition is disposed of in the following

manner:

1. The 1st respondent is directed to consider and pass appropriate orders in Ext.P18 representation, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month

W.P.(C). No. 20274 of 2023

from the date of receipt of a certified copy of this judgment.

2. The petitioner will produce a stamped certified copy of this judgment, together with a copy of this writ petition, before the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20274 of 2023

PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 28.10.2021 IN W.P.(C) 17768/2021 PASSED BY THIS HONOURABLE COURT Exhibit P2 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 2.12.2021 IN W.P.(C) 25079/2021 PASSED BY THIS HONOURABLE COURT Exhibit P3 A TRUE PHOTOCOPY OF THE COMMUNICATION NO.PHC/CHN/JNR/AMRUT/4421/2017DATED 9.02.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P4 A TRUE PHOTOCOPY OF THE ORDER DATED 17.2.2022 IN R.P.NO.184/2022 PASSED BY THIS HONURABLE COURT Exhibit P5 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 8.3.2022 IN W.P.(C) 6305/2022 PASSED BY THIS HONOURABLE COURT Exhibit P6 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.3.2022 IN W.A.375/2022 PASSED BY THIS HONOURABLE COURT Exhibit P7 A TRUE PHOTOCOPY OF THE ORDER DATED 25.4.2022 IN SPECIAL LEAVE TO APPEAL (C) NO.7130/2022 PASSED BY THE HONOURABLE SUPREME COURT Exhibit P8 A TRUE PHOTOCOPY OF THE COMMUNICATION NO.B2/71/2022-WRD DATED 16.6.2022 ALONG WITH MINUTES OF MEETING HELD ON 3.6.2022 IN THE CHAMBER OF THE HONOURBLE MINISTER OF WATER RESOURCES Exhibit P9 A TRUE PHOTOCOPY OF THE ORDER NO.PHC/CHN/JNR/AMRUT/4421/2017DATED 1.7.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P10 THE TRUE PHOTOCOPY OF THE REQUEST DATED 2.8.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P11 THE TRUE PHOTOCOPY OF THE REQUEST DATED 12.8.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P12 THE TRUE PHOTOCOPY OF THE REPRESENTATION DATED 14.09.2022

W.P.(C). No. 20274 of 2023

SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P13 A TRUE PHOTOCOPY OF THE ORDER NO.PHC/CHN/JNR/AMRUT/4421/2017DATED 26.8.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P14 A TRUE PHOTOCOPY OF THE E-TENDER NOTICE PUBLISHED BY THE 3RD RESPONDENT DATED 27.09.2022 Exhibit P15 A TRUE PHOTOCOPY OF THE LETTER NO.PHC/CHN/JNR/AMRUT/4421/2017DATED 5.11.2022 ISSUED BY THE 3RD RESPONDENT TO THE SUPERINTENDING ENGINEER Exhibit P16 A TRUE PHOTOGRAPH OF THE WORK DONE BY THE PETITIONER Exhibit P17 A TRUE PHOTOCOPY OF THE NOTICE DATED 9.12.2022 ISSUED BY THE STATE BANK OF INDIA TO THE PETITIONER Exhibit P18 A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT 01.06.2023