Kerala High Court
Crezin Infra Llp(Limited ... vs State Of Kerala on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 21818 OF 2022
PETITIONER:
M/S.CREZIN INFRA LLP(LIMITED LIABILITY PARTNERSHIP)
IN AIT-5972, 15/241, RIHAB MANZIL, CHENGALA P.O.,
KASARAGOD - 671 541. REP. BY ITS DESIGNATED PARTNER,
RAISUDHEEN C., 15/241, RIHAB MANZIL, CHENGALA P.O.,
KASARAGOD - 671 541.
BY ADVS.
K.BABU THOMAS
MARYKUTTY BABU
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE CHIEF ENGINEER
PWD ROADS, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM -
695 033.
3 THE SUPERINTENDING ENGINEER
PWD ROADS CENTRAL CIRCLE, ALUVA, ERNAKULAM - 682 101.
OTHER PRESENT:
SRI.K.V.MANOJ KUMAR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.21818 of 2022
2
P.V.KUNHIKRISHNAN
---------------------
W.P (C) No.21818 of 2022
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Dated this the 24th day of May, 2023
JUDGMENT
The writ petition is filed with the following prayer:-
i) Issue a writ of certiorari or any other appropriate
writ, or order, or direction to the respondents, calling
for the records of the case leading up to Exhibit P10
and quash Exhibit P7 and P10 and all further
proceedings pursuant to the same.
ii) Issue a writ of prohibition, or any other appropriate
writ, or order, or direction to the respondents,
interdicting them from in any way receiving any tender
for the balance work in Exhibit P10 and consideration
of any tender received, pending disposal of Exhibit P9
and the writ petition, to enable the petitioner to carry
out and complete the work, within the period of
completion of 10 months stipulated and available up to
23.12.2022, without any extra cost.
iii) Declare that the petitioner is entitled to gains
deprived at 15% of the value of work not allowed to be
carried out consequent to the illegal termination of the
contract, in view of the mobilization arrangements
made for carrying out and completing the work
including collection of materials at the site and
machinery items retained and its entitlement of profit.
iv) issue a writ of Prohibition, or any other appropriate
writ, or order, o direction to the respondents,
interdicting them from in any way receiving tenders for
the balance works in Exhibit P10 and consideration of
W.P (C) No.21818 of 2022
such tenders, if any received till disposal of the Writ
Petition, to enable the petitioner to carry out and
complete the works, on revoking the illegal termination
of the contract sought in Exhibit P9.
v) issue a writ of mandamus, or any other appropriate
writ, or order, or direction to the 1 respondent,
requiring to consider and pass orders on Exhibit P9 on
affording an opportunity of being heard, to revoke the
illegal termination of contract and restrain the
respondents from receiving, or consideration of any
tender for the balance work till disposal of Exhibit P9"
2. When this writ petition came up for consideration
on 12/07/2022, this Court passed the following order:-
"The learned counsel for the petitioner alleged that the
work could not be commenced in time, as the initial level
measurements were not taken by the respondents. The
allegation is controverted by the learned Government
Pleader. It is submitted that there was delay on the
petitioner's part right from the time when the tender was
awarded and even the agreement was executed beyond
the stipulated time limit and by paying penalty. It is
contended that initial levels have been taken and the
delay is attributable to the petitioner alone.
2. In view of the above disputed facts, it is
appropriate for the respondents to file their counter
affidavit at the earliest.
Post on 19/7/2022. The tender proceedings based
on Ext.P10 will be subject to further orders from this
court."
W.P (C) No.21818 of 2022
3. Today, when the matter came up for
consideration, the learned counsel for the petitioner
submits that the petitioner will be satisfied if a direction is
issued to consider Ext.P9 within a time frame by the 1 st
respondent.
4. The learned Government Pleader submitted that
because of the changed circumstances, if the petitioner
submits a fresh representation, that will be considered.
5. In the light of the above submission, I think this
writ petition itself can be disposed of allowing the petitioner
to submit a representation narrating the surviving
grievances within a time frame so that the 1 st respondent
can consider the same within a time limits fixed by this
Court. Therefore, this writ petition is disposed of with the
following directions:-
i) The petitioner is free to submit a
representation narrating the surviving grievance to the
1st respondent within three weeks from the date of
receipt of a certified copy of this judgment.
ii) Once such a representation along with a
copy of this judgment is received, the 1 st respondent will
consider the same and pass appropriate orders, after
W.P (C) No.21818 of 2022
giving an opportunity of hearing to the petitioner, as
expeditiously as possible, at any rate, within three
months from the date of receipt of a copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
W.P (C) No.21818 of 2022
APPENDIX OF WP(C) 21818/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF RELEVANT PORTION OF
AGREEMENT AND LETTER OF ACCEPTANCE
DATED 9/12/2021 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P2 TRUE COPY OF THE QUANTITIES COMPUTED
BASED ON INITIAL LEVEL MEASUREMENT SENT
TO THE ASSISTANT ENGINEER.
Exhibit P3 TRUE COPY OF RECEIPT FOR PAYMENT OF OF
RS.2,35,630/- TO THE KSEBL.
Exhibit P4 TRUE COPY OF REPRESENTATION OF THE
PETITIONER TO THE EE OF THE
RESPONDENTS.
Exhibit P5 TRUE COLOR PHOTOGRAPHS OF THE ALIGNMENT
WITH OBSTRUCTIONS.
Exhibit P6 TRUE COPY OF LETTER OF THE ASSISTANT
ENGINEER, TO COMMENCE THE WIDENING
WORKS.
Exhibit P7 TRUE COPY OF ILLEGAL ORDER OF
TERMINATION ISSUED BY THE 3RD
RESPONDENT.
Exhibit P8 TRUE COPY OF REPRESENTATION OF THE
PETITIONER TO THE 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF REPRESENTATION OF THE
PETITIONER TO THE 1ST RESPONDENT.
Exhibit P10 TRUE COPY OF RETENDER NOTICE ISSUED BY
THE 3RD RESPONDENT WITH LAST DATE OF
RECEIPT OF TENDERS ON 12/7/2022
DOWNLOADED.
Exhibit P11 TRUE COPY OF THE MEDICAL CERTIFICATES
ISSUED BY DR.ABDUL HAMEED K., M.B.B.S,
STAR CLINIC, KUMLA
W.P (C) No.21818 of 2022
Exhibit P12 TRUE COPY OF CLAUSE 3.4 OF THE
INSTRUCTIONS TO THE BIDDERS INCLUDED IN
THE TENDER DOCUMENTS
RESPONDENT EXHIBITS
Exhibit R3(a) True copy of the Selection notice was
issued to L1(M/s.Crezin Infra LLP) on
09-12-2021
Exhibit R3(b) True copy of the letter No.D1-4193/2022
dated 17-02-2022
Exhibit R3(c) True copy of the revelent Clause 2102.1
of PWD Manual
Exhibit R3(d) True copy of the letter No.DT-4193/2018
dated 21-02-2022
Exhibit R3(e) True copy of the clause 3.1 of Part 11
General conditions of Contract
Exhibit R3(f) True copy of the notices dated 17-02-
2022,21-02-2022 and 04-05-2022
exhibit R3(g) True copy of the letter No.C2-76/2022
dated 21-05-2022
Exhibit R3(h) True copy of the letter No. R3-128/22
01-06-2022
Exhibit R3(i) True copy of the letter No. D2-4193/22
dated 05-05-2022
Exhibit R3(j) True copy of the letter No.D2-4193/2022
dated 27-05-2022
Exhibit R3(k) True copy of the letter no. dT-4193/18
dated 02-06-2022
Exhibit R3(l) True copy of the relevant page of the
estimate wherein item has been
specified.
