G. Surendran vs Kerala State Rural Roads ...
2023 Latest Caselaw 7328 Ker

WP(C) NO. 20991 OF 2023            1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                          WP(C) NO. 20991 OF 2023
PETITIONER/S:
          G. SURENDRAN
          AGED 63 YEARS
          S/O. LATE A. GOVINDAN, CONTRACTOR, PLAVARATHALA
          PUTHEN VEEDU, ST. MARY'S BUILDING, KANNARAVILA,
          NELLIMOODU P.O., THIRUVANANTHAPURAM DISTRICT., PIN -
          695524

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


RESPONDENT/S:
     1    KERALA STATE RURAL ROADS DEVELOPMENT AGENCY
               LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 3RD FLOOR, REVENUE
               COMPLEX, PUBLIC OFFICE COMPOUND, VIKAS BHAVAN P.O.,
               THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF ENGINEER.,
               PIN - 695033

      2        CHIEF ENGINEER
               KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, LOCAL SELF
               GOVERNMENT (RD) DEPARTMENT, 3RD FLOOR, REVENUE COMPLEX,
               PUBLIC OFFICE COMPOUND, VIKAS BHAVAN P.O.,
               THIRUVANANTHAPURAM., PIN - 695033

      3        EXECUTIVE ENGINEER
               PMGSY, PROGRAMME IMPLEMENTATION UNIT, DISTRICT PANCHAYAT,
               THIRUVANANTHAPURAM., PIN - 695004

      4        KERALA WATER AUTHORITY (KWA)
               JALA BHAVAN, NANDAVANAM, VELLAYAMBALAM,
               THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
               DIRECTOR., PIN - 695033

               SMT.VIDYA KURIAKOSE, GP, SRI.THOMAS ABRAHAM - R3

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20991 OF 2023            2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                     W.P.(C.) No. 20991 of 2023
                     --------------------------------------
                 Dated this the 27th day of June, 2023


                               JUDGMENT

The above writ petition is filed with following prayers :

"(i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents not to trench the road tarred by the petitioner, which is under maintenance contract with the petitioner for 5 years, until the measurements of the entire work executed by the petitioner is recorded and the bills registered;

ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to record the measurements of the entire work executed by the petitioner in pursuance to agreement No.17/CE- KSRRDA/2022-23 dated 13.4.2022 and on registering the bills, direct the 2 respondent to execute the closure agreement with petitioner, on releasing the entire payments due to the petitioner, including the performance guarantee! security deposit furnished by the petitioner, at the time of executing the agreement, forthwith; iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose of Ext.P7 representation, forthwith:

iii) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to consider

and dispose of Ext.P7 representation 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]

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

learned counsel for the petitioner submitted that the petitioner

will be satisfied if a direction is issued to the 2 nd respondent to

consider Ext.P7 within a time frame and till then and till the

measurement of the work is completed, trenching may not be

commenced.

3. Heard the learned Government Pleader also.

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

itself can be disposed of directing the 2nd respondent to

consider Ext.P7 within a time frame.

Therefore, this writ petition is disposed of with the

following directions :

1) The 2nd respondent is directed to consider and pass

appropriate orders in Ext.P7, after giving an opportunity of

hearing to the petitioner as expeditiously as possible, at

any rate, within two weeks from the date of receipt of a

certified copy of this judgment.

2) Till final orders are passed in Ext.P7 and till the

measurement of the work is taken, the trenching shall not

be commenced.

3) The petitioner will produce a certified copy of this

judgment along with a copy of this writ petition before the

2nd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 20991/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 2.4.2022 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT FORM OF HANDING OVER THE SITE TO THE PETITIONER, DATED 13.4.2022, SIGNED BY THE 3RD RESPONDENT AND THE PETITIONER.

Exhibit P3 TRUE PHOTOGRAPHS EVIDENCING THE PIPES UNLOADED AND BEING UNLOAD AT THE SITE MAINTAINED BY THE PETITIONER.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 1.6.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 17.6.2023 SUBMITTED BY THE PETITIONER BEFORE THE PROJECT ENGINEER, KWA, PROJECT DIVISION, THIRUVANANTHAPURAM.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 17.6.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 23.6.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.