Ceen Mathew vs The State Of Kerala
2023 Latest Caselaw 11717 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                      WP(C) NO. 37122 OF 2023
PETITIONER:
           CEEN MATHEW, AGED 53 YEARS, S/O. DANIEL MATHEW,
           AGED 53 YEARS, 50/428 K (1), MYTHREE NAGAR,
           MANIMALA ROAD, EDAPPALLY SO., ERNAKULAM-682024,
           MANAGING DIRECTOR INDTECH INTERIOR AND CONTRACTORS
           (P) LTD. KALAMASSERY, KOCHI, PIN - 683104

          BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
     1     THE STATE OF KERALA, REPRESENTED BY THE SPECIAL
           SECRETARY TO THE GOVERNMENT, SCHEDULED CASTE AND
           SCHEDULED TRIBE DEVELOPMENT (D) DEPARTMENT, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2     THE SPECIAL SECRETARY TO THE GOVERNMENT
          SCHEDULED CASTE AND SCHEDULED TRIBE DEVELOPMENT (D)
          DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    3     THE DIRECTOR, SCHEDULED TRIBE DEVELOPMENT DEPARTMENT
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    4     THE CANARA BANK, REPRESENTED BY ITS AUTHORIZED OFFICER
          AND DIVISIONAL MANAGER, KALOOR -II(DP:14310) SAI PADMAM
          BUILDING, DESABHIMANI JUNCTION, KALOOR, ERNAKULAM,
          PIN - 682017

    5     THE FOREST INDUSTRIES (TRAVANCORE) LTD,
          THAIKATTUKARA.P.O., ALUVA, KERALA , REPRESENTED BY
          ITS MANAGING DIRECTOR, PIN - 683106


          BY ADVS.
          SRI ROBIN RAJ-SPL.GP;
          SMT LATHA ANAND-SC;
          SRI K V ANIL-R4;
          SRI M GOPIKRISHNAN NAMBIAR-SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 37122/23
                                        2

                             JUDGMENT

The petitioner says that he has completed the work under a

contract entrusted by the 5th respondent - Forest Industries

(Travancore) Ltd. ('FIT' for short); but that, even though Ext.P6

order has been issued by the Government, authorising payment of

eligible amounts to him, no action has been taken until now for the

same. He, therefore, prays that the Government be directed to

disburse the amounts under Ext.P6 within a time frame to be fixed

by this Court.

2. In response to the afore submissions made by Sri.Sajeev

Kumar K. Gopal - learned counsel for the petitioner, Sri.Robin Raj

- learned Special Government Pleader, appearing on behalf of

respondents 1 to 3 , submitted that, though Ext.P6 order has been

issued by the Government, payment under it has to be effected by

the 5th respondent-FIT. He submitted that, therefore, this Court may

not issue any orders against his clients and direct the 5 th respondent

to honour the amounts payable to the petitioner.

3. However, Smt.Latha Anand - learned Standing Counsel WPC 37122/23

for the 'FIT', submitted that her client was only acting as an agent

for the Government, in contracting with the petitioner and

supervising the work. She added that she has no instruction whether

the work has been completed satisfactorily; and added that,

therefore, the entire burden of honouring the bills has to be borne

by the Government and not by her client. She concluded, conceding

that since her client is going through financial crisis, they cannot

honour the bills, in any case.

4. It is evident - from the afore position taken by

respondents 1 to 3 and the 5 th respondent, that the factum of the

amounts covered by Ext.P6, being due to the petitioner is not

disputed. That said, the question who among them is liable to pay

the dues, is not open to this Court to decide, because, either way,

the petitioner requires to be paid his full dues.

5. As regards the submissions of Smt.Latha Anand, that she

has no instructions whether the work has been completed

satisfactorily, I am certain that this Court does not need to answer

it, because Ext.P6 Government Order does not contain any such

objection.

WPC 37122/23

6. As matters now stand, which is uncontested by Sri.Robin

Raj, the work was done by the 5th respondent at the requisition of

the Government and it has been completed by the petitioner without

any objections having been raised. Obviously, either the Government

or the 'FIT' will have to honour the bills of the petitioner, since the

latter is a fully owned Company of the former; and it is certainly

for the 1st respondent - State of Kerala, to take an apposite decision

on it.

In the afore circumstances, I allow this Writ Petition and

direct the competent Authority of the 1st respondent - State of

Kerala, to immediately advert to Ext.P6 and to ensure payment of

amounts under it - either by themselves or by the 'FIT' - as

expeditiously as is possible, but not later than two months from the

date of receipt of a copy of this judgment.

Sd/-

RR                                        DEVAN RAMACHANDRAN
                                                JUDGE
 WPC 37122/23


                 APPENDIX OF WP(C) 37122/2023

PETITIONER EXHIBITS
Exhibit P1          THE TRUE COPY OF THE DEMAND NOTICE DATED

16-05-2023 ISSUED UNDER SECTION 13(2) OF THE SARFAESI ACT BY THE 2ND RESPONDENT Exhibit P2 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO EXT. P1 NOTICE UNDER SECTION 13(3-A) DATED 10-07-2023 Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 15-06-2023 Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER DATED 31-07-2023 Exhibit P5 TRUE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.28958 OF 2023 DATED 25-08-2023 Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER VIDE G.O.(P) NO.1081/2023/SCSTD DATED 25-08-

Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT DATED 31-10-2023 IN W.P.(C) NO.28958 OF 2023 Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15-09-2023