P. Ananthakumar vs Union Of India
2024 Latest Caselaw 11377 Ker

Kerala High Court

P. Ananthakumar vs Union Of India on 19 April, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
         FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                           WP(C) NO. 22271 OF 2022
PETITIONER:

     1        P. ANANTHAKUMAR,
              AGED 47 YEARS
              S/O. S.PERUMAL AGED 47 YEARS RESIDING AT NO 3, CHENGIAH
              MAYSTRY STREET, EARUKKANCHERRY, CHENNAI- 118. PROPRIETOR,
              SHIVANIKA COMPANY ENGINEERING CONTRACTORS AND STRUCTURAL
              FABRICATORS AND ERRECTORS, NO.3, CHENGAIAH MAISTRY STREET,
              ERUKKANCHERRI, CHENNAI - 600 118
              BY ADVS.
              K.C.SANTHOSHKUMAR
              K.K.CHANDRALEKHA

RESPONDENTS:

     1        UNION OF INDIA,
              REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
              MINISTRY OF COMMERCE & INDUSTRY, GOVERNMENT OF INDIA,
              UDYOG BHAVAN, NEW DELHI - 110 001
     2        THE SPICES BOARD,
              SUGANDHA BHAVAN, NH BYE PASS, PALARIVATTOM P.O.,
              KOCHI, KERALA - 682 025 REPRESENTED BY ITS CHAIRMAN.
     3        THE DIRECTOR,
              THE SPICES BOARD, SUGANDHA BHAVAN, NH BYE PASS,
              PALARIVATTOM P.O., KOCHI, KERALA - 682 025
     4        THE DIRECTOR (MARKETING)
              THE SPICES BOARD, SUGANDHA BHAVAN, NE BYE PASS,
              PALARIVATTOM P.O., KOCHI, KERALA - 682 025
     5        THE ZONAL OFFICE,
              SPICES BOARD, BODINAYAKANUR,
              THENI DISTRICT, TAMIL NADU - 625 513
              REPRESENTED BY ITS ZONAL OFFICER.
     6        M/Z. INKEL LTD.,
              INKEL CENTRE, VALLATHOL JUNCTION,
              SEA PORT-AIR PORT ROAD, THRIKKAKARA,
              KOCHI, KERALA - 682 021.
              BY ADVS.
              SRI ANTONY MUKKATH, SC FOR SPICES BOARD OF INDIA
              GIRISH KUMAR V
              ANTONY MUKKATH
              REGI MATHEW(K/1132/2020)
              TOMY CHACKO(K/002412/2022)
 W.P.(C.) No.22271 of 2022


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      THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.22271 of 2022


                                              3

                      SHOBA ANNAMMA EAPEN, J.
                    ------------------------------------
                       W.P.(C.) No.22271 of 2022
                    ------------------------------------
                  Dated this the 19th day of April, 2024


                                      JUDGMENT

The above Writ Petition is filed with the following

prayers:

i) Issue a declaration that the petitioner is entitled to get the amount of Rs.22,60000/- retained by the 2nd respondent, without any adjudication, towards liquidated damages, refunded forth with.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction against 2nd respondent or competent among the respondents No.2 to 5 to release an amount of Rs. 22,60,000/- due to the petitioner in connection with the execution of work undertaken by him based on Ext.P1 agreement with interest at the rate of 24% forthwith.

Or in the alternative

(iii) Issue a writ of mandamus or other appropriate writ, order or direction against the 2nd respondent to initiate necessary action/for settlement of dispute raised by the petitioner as provided under Article 6.0 of the Ext.P1 agreement forthwith or within a time frame to be stipulated by this Honourable Court And

(iv) To grant such other and further reliefs this Honourable Court may deem fit and proper in the interest of justice.

2. Though the writ petition was filed seeking

various reliefs, when the matter was taken up, the

learned counsel for the petitioner confined his reliefs to

the limited extent of directing the competent officer of the

2nd respondent Company to consider and pass orders on

Ext.P9 representation within a time frame.

3. Accordingly, there will be a direction to the

competent officer of the 2nd respondent Company to

consider and pass orders on Ext.P9, after affording an

opportunity of hearing to the petitioner, in accordance

with law, within a period of two months from the date of

receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/-

SHOBA ANNAMMA EAPEN

JUDGE SKP/19-04

APPENDIX OF WP(C) 22271/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE AGREEMENT DATED 27.03.2015 EXECUTED BETWEEN THE PETITIONER'S CONCERN AND THE 2ND RESPONDENT EXHIBIT P1(A) TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 25.3.2015 EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF COMPLETION ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 17-05-2018 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR, SPICES BOARD.

EXHIBIT P4 TRUE COPY COMMUNICATION DATED 29-06-2018 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 24-07-2018 ISSUED BY THE BOARD TO THE 6TH RESPONDENT EXHIBIT P6 TRUE COPY OF LAWYER NOTICE DATED 30.10.2021 ISSUED TO THE RESPONDENTS EXHIBIT P7 TRUE COPY OF THE REPLY DATED 16.12.2021 ISSUED BY THE 4TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 05-06-2022 SEEKING EXPLAINING THE REAL FACTS THROUGH HIS LAWYER TO GET THE DISPUTE SETTLED BY THE BOARD. EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION DATED 09.04.2024 SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE