P.A. Muhammed Musthafa vs State Of Kerala
2024 Latest Caselaw 9861 Ker

Citation : 2024 Latest Caselaw 9861 Ker
Judgement Date : 5 April, 2024

Kerala High Court

P.A. Muhammed Musthafa vs State Of Kerala on 5 April, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                       WP(C) NO. 29160 OF 2021
PETITIONER:

            P.A. MUHAMMED MUSTHAFA,
            AGED 41 YEARS
            PWD CONTRACTOR, PATLA HOUSE,
            PATLA P.O., KASARAGOD-671 124.

            BY ADVS.
            K.L.VARGHESE (SR.)
            RAHUL VARGHESE
            RANJITH VARGHESE
            SANTHA VARGHESE


RESPONDENTS:

    1       STATE OF KERALA,
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            IRRIGATION DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM-695 001.

    2       THE SUPERINTENDING ENGINEER,
            IRRIGATION NORTH CIRCLE, WEST HILL,
            KOZHIKODE-673 005.

    3       THE EXECUTIVE ENGINEER,
            IRRIGATION DIVISION, MALAPPURAM-676 504.

    4       THE ASSISTANT EXECUTIVE ENGINEER,
            IRRIGATION DIVISION, MALAPPURAM-676 504.

    5       THE ASSISTANT ENGINEER,
            IRRIGATION DIVISION, MALAPPURAM-676 504.


            SRI. K. V. MANOJ KUMAR. GP.
    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29160 OF 2021
                                      2




                                T.R.RAVI.J
             -------------------------------------------------------
                        WP(C) No.29160 of 2021
           --------------------------------------------------------
               Dated this the 05th day of April, 2024

                               JUDGMENT

The petitioner has filed IA No.1 of 2024 wherein it

is requested that in view of repeated re-tenders for the

subject work and the lapse of time, the petitioner may

be granted leave to approach the appropriate forum for

final redressal of all the grievances including payment

for cost of work done, release of amounts retained and

for other reliefs.

In the above circumstances, no further orders are

required in this writ petition and the writ petition is

closed with liberty to the petitioner to approach the

appropriate forum for final redressal of all the grievances

including payment for cost of work done. It is made WP(C) NO. 29160 OF 2021

clear that this Court has not made any observation on

the merits of the case.

Sd/-

T.R.RAVI

JUDGE sn WP(C) NO. 29160 OF 2021

APPENDIX OF WP(C) 29160/2021

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF ORDER DATED 16/08/2021 ISSUED BY THE 2ND RESPONDENT- SUPERINTENDING ENGINEER TO THE PETITIONER WITH COPY TO OTHERS. Exhibit P1A TRUE COPY OF KERALA PWD MANUAL REVISED EDITION 2012 CONTAINING CLAUSE 2116.2. Exhibit P2 TRUE COPY OF THE JUDGMENT IN P.K. MOHANAN V. STATE OF KERALA IN WPC NO. 3168/2015. Exhibit P3 TRUE COPY OF THE JUDGMENT IN BUILD TECH INDIA V. STATE OF KERALA, 2000 KHC 278. Exhibit P4 TRUE COPY OF THE GOVERNMENT CIRCULAR DATED 10/05/2005.

Exhibit P5 TRUE COPY OF SELECTION NOTICE DATED 16/02/2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P6 TRUE COPY OF ORDER DATED 07/03/2017 WITH FACING SHEET OF AGREEMENT NO. SE(I)-25/2016- 17 DATED 07/03/2017 AND AGREEMENT SCHEDULE. Exhibit P7 TRUE COPY OF LETTER DATED 01/06/2017 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT. Exhibit P8 TRUE COPY OF THE LETTER DATED 07/06/2017 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF LETTER DATED 15/03/2017 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P10 TRUE COPY OF LETTER DATED 10/09/2017 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT. Exhibit P11 TRUE COPY OF LETTER DATED 08/12/2017 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT. Exhibit P12 TRUE COPY OF THE STATEMENT REPORTED IN MALAYALA MANORAMA NEWSPAPER.

Exhibit P13 TRUE COPY OF LETTER DATED 15/03/2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT EXECUTIVE ENGINEER.

WP(C) NO. 29160 OF 2021

Exhibit P14 TRUE COPY OF LETTER DATED 10/06/2019 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT WITH ENDORSEMENT OF THE SUPERINTENDING ENGINEER. Exhibit P15 TRUE COPY OF ORDER DATED 26/06/2019 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. Exhibit P16 TRUE COPY OF LETTER DATED 15/07/2019 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT. Exhibit P17 TRUE COPY OF LETTER DATED 29/10/2019 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT. Exhibit P18 TRUE COPY OF LETTER DATED 22/05/2020 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. Exhibit P19 TRUE COPY OF LETTER DATED 19/10/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P20 TRUE COPY OF THE MINUTES OF MEETING DATED 27/10/2020.

Exhibit P21 TRUE COPY OF THE MEDICAL CERTIFICATES. Exhibit P22 TRUE COPY OF THE RELEVANT PAGES OF MEASUREMENTS AS RECORDED IN THE M. BOOK NO. I M 1290-COPY OBTAINED UNDER RIGHT TO INFORMATION ACT.

Exhibit P23 TRUE COPY OF LETTER DATED 30/06/2020 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P-24 TRUE COPY OF LETTER DT. 28.12.2021 FROM 2ND RESPONDENT TO SRI. MUHAMMED AFSAL A.H.

RESPONDENT'S EXHIBITS

Exhibit R2(a): TRUE COPY OF THE ORDER NO. D2/2016/1537 DATED 20.12.2017 Exhibit R2(b): TRUE COPY OF THE ORDER NO. D2/2016/1537 DATED 19.04.2018 Exhibit R2(c): TRUE COPY OF THE ORDER NO. D2/2016/1537 DATED 03.09.2018 Exhibit R2(d): TRUE COPY OF THE ORDER NO. D2/2016/1537 DATED 19.12.2018 Exhibit R2(e): TRUE COPY OF THE ORDER NO. D2-2016/1537 DTD 07-03-2019 WP(C) NO. 29160 OF 2021

Exhibit R2(f)series TRUE COPIES OF THE CLAUSE 19* OF REVISED PWD MANUAL, CLAUSE 3.C OF FORM 83 OF CONTRACT AGREEMENT AND CLAUSE 45 OF SPECIAL CONDITIONS OF CONTRACT Exhibit R2(g): TRUE COPY OF THE ORDER NO. D6/2016/1413 DATED 17.10.2017 Exhibit R2(h): TRUE COPY OF THE CLAUSE 2112.1 OF REVISED PWD MANUAL Exhibit R2 (i): A TRUE COPY OF THE ORDER NO. D6/2016/1413 DATED 24.01.2018 Exhibit R2(j): TRUE COPY OF THE ORDER NO. D6/2016/1413 DATED 12.06.2018 Exhibit R2(k): TRUE COPY OF THE ORDER NO. D6/2016/1413 DATED 17.01.2019 Exhibit R2 (l): A TRUE COPY OF THE ORDER NO. D6/2016/1413 DATED 19.02.2019 Exhibit R(m): TRUE COPY OF THE ORDER NO. D6/2016/1413 DATED 16.10.2019 Exhibit R2(n): TRUE COPY OF THE LETTER NO D6-2016/1413(1) DTD. 06-10-2020 Exhibit R2 (o): TRUE COPY OF THE REQUEST OF PETITIONER DTD.

16-10-2020 Exhibit R2(p): TRUE COPY OF THE ORDER NO. D6-2016/1413 DATED 28.10.2020 Exhibit R2(q): TRUE COPY OF THE LETTER DTD. 22.06.2019 Exhibit R2(r): TRUE COPY OF THE REPLY TO THE UNSTARRED QUESTION Exhibit R2(s): TRUE COPY OF THE LETTER D1-1708/2018 DTD.

27-01-2020 Exhibit R2(t): TRUE COPY OF THE LETTER FROM THE ASSISTANT ENGINEER, IRRIGATION SUB DIVISION MALAPPURAM DTD 02.11.2019 Exhibit R2(u): TRUE COPY OF THE ORDER NO.DM-3-2271/2019(1) DATED 30.03.2019 OF DISTRICT COLLECTOR, MALAPPURAM Exhibit R2 (v): TRUE COPY OF THE EXTRACT FROM THE TENDER DOCUMENTS WP(C) NO. 29160 OF 2021

Exhibit R2(w): TRUE COPY OF THE LETTER NO. MPM/INV/1/2015 DATED 22.12.2018.

Exhibit R2(x)series: TRUE COPIES OF THE NOTICES DATED 22.02.2019, 22.03.2019, 29.04.2019, 07.03.2020, 26.04.2017, 13.02.2019, 22.12.2018 & 13.02.2019 Exhibit R2(y): TRUE COPY OF THE ORDER NO. DCMPM/1734/20 DTD 25/04/2020.

Exhibit R2(z): TRUE COPY OF THE LETTER NO. MPM/INV/1/2015 DATED 26.04.2018.

Exhibit R2(za): TRUE COPY OF THE LETTER NO.D1/1708/2016 DATED 18.12.2019.

Exhibit R2(zb):       TRUE COPY OF THE LETTER NO.D6-2016/1413(1)
                      DATED 06.10.2020


          //TRUE COPY//          PA TO JUDGE