Bethlahem Constructions vs The Deputy Chief Engineer
2023 Latest Caselaw 3692 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
    WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
                        WP(C) NO. 10524 OF 2023
PETITIONER:

          BETHLAHEM CONSTRUCTIONS,
          AGED 35 YEARS
          (ENGINEERS & CONTRACTORS) KADUMKEERIYIL COMMERCIAL
          COMPLEX, WAYANAD ROAD, CHUNGAM, THAMARASSERY, KOZHIKODE
          DISTRICT- 673 573 REPRESENTED BY ITS MANAGING PARTNER
          SRI. DENNEES ABRAHAM, AGED 35 YEARS, S/O. K. V.
          ABRAHAM. KADUMKEERIYIL (H). MAIKAVU. P.O.,
          THAMARASSERY. KOZHIKODE, PIN - 673573
          BY ADVS.
          PAUL K.VARGHESE
          A.A.GEETHA


RESPONDENT:

          THE DEPUTY CHIEF ENGINEER
          KERALA STATE ELECTRICITY BOARD, GENERATION CIRCLE,
          KOZHIKODE, NALLALAM KOZHIKODE DISTRICT, PIN - 673027
          BY ADV B.PREMOD


          NIRMAL.S,SC



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No.10524 of 2023
                                        2


                              JUDGMENT

Dated this the 29th day of March, 2023

The petitioner is a partnership firm, which was engaged by the

Kerala State Electricity Board Limited to carryout the diversion works -

1st reach behind KAES & KES Power House at Kakkayam in Kozhikode

District. According to the petitioner, petitioner carried out the works

successfully and bill amounts were paid. However, certain amounts

according to the petitioner is due from the respondent Board. In order

to ventilate the grievance petitioner has submitted Exts.P9 and P10

before the respondent, which are pending consideration. The sole relief

sought for is consideration of Exts.P9 and P10.

I have heard learned counsel for the petitioner, Sri.Paul

K.Varghese, and learned Standing Counsel for the Kerala State

Electricity Board, Sri.Nirmal S, and perused the pleadings and material

on record. There will be a direction to the respondent to consider

Exts.P9 and P10 submitted by the petitioner at the earliest, at any rate,

within a month from the date of receipt of a copy of this judgment if

required after securing participation of the petitioner also and taking

into consideration all documents produced along with.

Sd/-

SHAJI P. CHALY JUDGE AP W.P.(C) No.10524 of 2023

APPENDIX OF WP(C) 10524/2023

PETITIONER EXHIBITS Exhibit P1 . A TRUE COPY OF THE RELEVANT PAGES OF THE WORK AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT DATED 16.5.2020 Exhibit P2 . A TRUE COPY OF THE RELEVANT PAGES OF THE WORK AGREEMENT EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENT DATED 16.5.2020 Exhibit P3 . A TRUE COPY OF THE RELEVANT PAGES OF THE GENERAL CONDITION FOR WORK ISSUED BY THE KERALA STATE ELECTRICITY BOARD Exhibit P4 .TRUE COPY OF APPOINTNMENT ORDER ISSUED BY THE PETITIONER TO THE SKILLED ENGINEER BY NAME AJAY K .SADJU DATED 09/07/2020 Exhibit P5 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE PETITIONER SKILLED ENGINEER BY NAME JOJO JOSEPH DATED 5.9.2020 Exhibit P6 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE PETITIONER SKILLED ENGINEER BY NAME JITHIN PAUL DATED 20.5.2020 Exhibit P7 . A TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE PETITIONER TO SKILLED ENGINEER RAHUL ROY DATED 25.6.2020 Exhibit P8 A TRUE COPY OF THE RELEVANT PAGES OF THE MBOOK MAINTAINED BY THE RESPONDENT SHOWING THE DETAILS OF THE WORK Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 06/12/2022 TO THE RESPONDENT Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 2.2.2023