Mastek Constructions Pvt. Ltd vs The Chief Manager, Kerala ...
2023 Latest Caselaw 2747 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                       WP(C) NO. 41534 OF 2022
PETITIONER:

          MASTEK CONSTRUCTIONS PVT. LTD.,
          DOOR NO: 10/175, WEST KADUNGALLOOR,
          ALUVA, ERNAKULAM, - 683110,
          REP. BY ITS MANAGING DIRECTOR,
          SAJID M.A, RESIDING AT RINSAD MANZIL,
          WEST KADUNGALLOOR,
          ALUVA, ERNAKULAM, - 683110.
          BY ADVS.JOBY JACOB PULICKEKUDY
                  ANIL GEORGE
                  DAJISH JOHN
                  POOJA SEBASTIAN

RESPONDENTS:

    1     THE CHIEF MANAGER,
          KERALA INSTITUTE OF LOCAL ADMINISTRATION,
          REGIONAL CENTRE,
          KUMARAPURAM P.O,THIRUVANATHAPURAM - 695011.
    2     THE CHIEF EXECUTIVE OFFICER,
          KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB),
          2ND FLOOR, FELICITY SQUARE,
          KODER LN, PALAYAM,THIRUVANANTHAPURAM-695001.
    3     THE SUPERINTENDING ENGINEER,
          CORPORATION OF COCHIN,
          ERNAKULAM - 682011.
          R1 BY SRI.V.A MUHAMMED SC, KERALA INSTITUTE OF LOCAL
                    ADMINISTRATION (KILA)
          R2 BY SRI.S,CHANDRASEKHARAN NAIR,SC
          R3 BY ADV.ARUN ANTONY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No. 41534/2022                 2



                                JUDGMENT

Petitioner is a private limited company, who was

engaged by the Kerala Institute of Local Administration

(KILA) for the construction of a school building for Model

Technical Higher Secondary School, Kaloor within the limits

of Kochi Corporation, Ernakulam. According to the

petitioner, the work was completed to the full satisfaction of

the respondents on 09.08.2022. However, a 3 rd part bill for

an amount of Rs.32,21,447/- is yet to be released to the

petitioner. It is also pointed out that another amount of

Rs.19,17,613/- excluding GST is also pending disbursal

from the respondents. The case of the petitioner is that

in spite of earnest efforts made by the petitioner, bills are

not released to the petitioner.

2. The first respondent has filed a detailed counter

affidavit virtually admitting the execution of the contract

and the completion of the same. However, the case

projected by the first respondent is that Kerala

Infrastructure Investment Fund Board (KIIFB), the funding

agency, has made observations with respect to the defects

in the construction carried out by the petitioner and unless

and until the defects are rectified, the KILA is not

responsible for grant of any No Objection Certificate,

enabling the KIIFB to make the payment to the petitioner.

3. KIIFB has also filed a counter affidavit basically

stating that unless and until, a clearance is given by the

KILA, KIIFB is not liable to release any amount to the

petitioner. It is further pointed out that observations were

made by KIIFB with respect to the constructions made by

the petitioner and unless and until clearance is made by the

KILA after rectifying the defects by the petitioner, the

amounts cannot be released to the petitioner.

4. A reply affidavit is filed by the petitioner

reiterating the stand adopted in the writ petition.

5. I have heard Sri. Anil George, learned counsel for

the petitioner, Sri. V.A. Muhammed, learned Standing

Counsel for KILA, Sri. S. Chandrasekharan Nair, learned

Standing Counsel for KIIFB and Sri. Arun Antony, learned

counsel for the third respondent and perused the pleadings

and material on record.

6. The deliberation made above would make it clear

that amounts are due to the petitioner. However, the same

is not released consequent to certain defects noted by the

KILA as well as KIIFB and observations are made with

respect to the same. Anyhow, the learned counsel for the

petitioner submitted that already the defects are rectified

and if an inspection is conducted by the KILA and KIIFB, it

would be clear.

7. In that view of the matter, there will be a

direction to the KILA to take steps for conducting a joint

inspection along with KIIFB, within three weeks from today

and identify as to whether the defects observed by the KILA

and KIIFB are rectified by the petitioner. If the defects are

rectified to the satisfaction of the said authorities, KILA

shall handover all the bills submitted by the petitioner to

KIIFB immediately and the KIIFB shall release the amount

to the petitioner, at the earliest, and at any rate, within

three weeks thereafter.

The writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY JUDGE DCS/01.03.2023

APPENDIX

PETITIONER EXHIBITS

EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 25.08.2021 BETWEEN PETITIONER AND 1ST RESPONDENT EXHIBIT P2 THE PHOTOCOPY OF THE 3RD PART BILL DATED 5.9-2022.

EXHIBIT P3 THE COPY OF THE REVISED ESTIMATE SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

EXHIBIT P4 THE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 09.08.2022.

EXHIBIT P5 THE PHOTOCOPY OF THE LETTER DATED 25.10.2022 ISSUED BY THE 3RD RESPONDENT.