M.T.Abdul Kabeer vs State Of Kerala
2023 Latest Caselaw 3195 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                     WP(C) NO. 42520 OF 2022
PETITIONER:
           M.T.ABDUL KABEER
           AGED 39 YEARS
           S/O. M.T. MUHAMMED KUNHI, CONTRACTOR, ARAFATH MANZIL,
           BEVINJA, THEKKIL FERRY P.O., KASARAGOD DISTRICT, PIN
           -671 541.
           BY ADV BABU JOSEPH KURUVATHAZHA
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PUBLIC
           WORKS DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.
     2     CHIEF ENGINEER,
           PUBLIC WORKS DEPARTMENT (ROADS), PUBLIC OFFICES, VIKAS
           BHAVAN P.O., THIRUVANANTHAPURAM, PIN-695 033.
     3     SUPERINTENDING ENGINEER,
           PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE, PWD
           COMPLEX, MANANCHIRA, KOZHIKODE, PIN673 001.
     4     EXECUTIVE ENGINEER,
           PUBLIC WORKS DEPARTMENT, ROADS DIVISION, PALAKKAD, PIN-
           678 001.
     5     ASSISTANT EXECUTIVE ENGINEER,
           PUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, CHITTUR,
           PALAKKAD DISTRICT, PIN-678 101.
     6     ASSISTANT ENGINEER,
           PUBLIC WORKS DEPARTMENT, ROADS SECTION, CHITTUR,
           PALAKKAD DISTRICT, PIN-678 101.
     7     EXECUTIVE ENGINEER,
           PROJECT DIVISION, KERALA WATER AUTHORITY, CHITTUR,
           PALAKKAD DISTRICT, PIN - 678 101.


          R1 TO 6 - SRI.K.V.MANOJKUMAR,SPECIAL GOVERNMENT PLEADER
          R7 -SRI.P.M.JOHNY,SC
    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.42520 of 2022
                                      2




                             JUDGMENT

Dated this the 23rd day of March, 2023

The petitioner is a contractor engaged by the Public Works

Department of the State Government for the work "

improvement to Pittupeedika - Mylar - Mangod Road at Km

0/000 to 4/300 in Palakkad district was awarded to the

petitioner under NABAD RIDF XXV". The case projected by the

petitioner in this writ petition is that, due to various hindrances

including a pipeline of the Kerala Water Authority petitioner is

unable to carry on with the work. Even though various

contentions are raised, learned counsel for the petitioner

submitted that it would suffice if a direction is issued to

consider Ext.P11 representation pending before the 3 rd

respondent ie., the Superintending Engineer, Public Works

Department, Mananchira, Kozhikode.

After having heard learned counsel for the petitioner,

Sri.Babu Joseph Kuruvathazha, and learned Special Government

Pleader, Sri. K.V Manoj Kumar, the writ petition is disposed of

directing the 3rd respondent to consider Ext.P11 representation W.P.(C) No.42520 of 2022

submitted by the petitioner at the earliest, at any rate, within

one month from the date of receipt of a copy of this judgment

after providing a notice of hearing and participation to the

petitioner.

Sd/-

SHAJI P. CHALY

JUDGE AP W.P.(C) No.42520 of 2022

APPENDIX OF WP(C) 42520/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ABSTRACT OF THE WORK COMPRISED IN AGREEMENT NO.SE(K) 70/2020-21 DATED 22.9.2020.

Exhibit P2 TRUE COPY OF THE PROCEEDING OF THE 3RD RESPONDENT DATED 22.9.2020, ACCEPTING THE AGREEMENT.

Exhibit P3 TRUE COPY OF THE TREASURY SAVINGS BANK TERM DEPOSIT (FIXED DEPOSIT) CERTIFICATE DATED 16.9.2020 WORTH FOR RS.10,31,200/-, PRODUCED BY THE PETITIONER, ON EXECUTING THE AGREEMENT.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 23.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 24.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 8.6.2022 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 25.7.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 2.9.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P8 A TRUE COPY OF THE REPRESENTATION DATED 12.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 14.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE LETTER DATED 22.9.2022 ISSUED BY THE 7TH RESPONDENT TO THE 6TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 9.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.