Kerala High Court
Kerala State Road Transport ... vs Anas Babu on 20 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
RP NO. 1186 OF 2023
AGAINST THE ORDER/JUDGMENT WP(C) 11496/2023 OF HIGH COURT OF
KERALA
REVIEW PETITIONERS/RESPONDENTS 1 TO 3:
1 KERALA STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR KERALA STATE
ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM,
PIN - 695035
2 MANAGING DIRECTOR,
OFFICE OF CHAIRMAN & MANAGING DIRECTOR, KSRTC,
TRANSPORT BHAVAN, FORT. P.O, THIRUVANANTHAPURAM,
PIN - 695035
3 CHIEF ENGINEER P&CW
KSRTC, TRANSPORT BHAVAN, FORT P.O,
THIRUVANANTHAPURAM, PIN - 695035
BY ADV DEEPU THANKAN
RESPONDENT/PETITIONER & RESPONDENTS 4 AND 5:
1 ANAS BABU
AGED 55 YEARS
S/O BASHEER KOYA MANAGING PARTNER, CRESCENT
CONSTRUCTION & CONTRACT, SAFA, 1ST FLOOR, CRESCENT
MANSION, KARALI ROAD, VALAKADAVU,
THIRUVANANDAPURAM - R/O TC 4/1936(9), FIRDOUS
PANDITS COLONY MELOORKONAM LANE, KOWDIAR P.O
TRIVANDRUM ,PIN 695003, PIN - 695008
2 DISTRICT COLLECTOR
2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION
ROAD, THIRUVANANTHAPURAM, KERALA, PIN - 695043
3 DISTRICT COLLECTOR
COLLECTORATE, 2ND FLOOR, COLLECTORATE RD,
CHITTOOR, PATHANAMTHITTA, KERALA, PIN - 689645
SR. GP - SMT. DEEPA NARAYANAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R. P. No.1186 of 2023
in
W.P.(C) No.11496 of 2023 :2:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
R. P. No.1186 of 2023
in
W.P.(C) No.11496 of 2023
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 20th day of February, 2024
ORDER
The above writ petition was disposed of as per judgment
dated 24.08.2023, wherein the balance amount due to the writ
petitioner in respect of the work of construction of a bus station
building at Pathanamthitta Depot, using MLA-LAC-ADS, which was
sanctioned as per Ext.P8 order by the Government, was directed to
be disbursed to the writ petitioner, within a period of one month.
Seeking review of the said judgment that the present review
petition has been filed.
2. It is pertinent to note that by Ext.P6, the review petitioners
themselves have given a certificate to the effect that the writ
petitioner has completed the construction of the bus station
building in KSRTC, Pathanamthitta Depot using MLA-LAC-ADS.
Later, on the request made by the review petitioners, the
Government issued Ext.P8 order, whereby an amount of
Rs.28,25,555/- was sanctioned towards the balance amount due to
the writ petitioner in respect of the said work. Taking into
in
consideration Ext.P6 completion certificate and the sanctioning of
amount as per Ext.P8 by the Government, an interim order was
granted by this Court on 30.03.2023 directing the review
petitioners to disburse 50% of the amount sanctioned to the writ
petitioner as per Ext.P8, within a period of two weeks. The said
amount has been duly paid to the writ petitioner also. By the
judgment under review, this Court directed payment of the balance
amount due, after deducting the amount already paid pursuant to
the interim order. The specific stand taken in the review petition is
that two separate tenders were invited, one for construction of a
bus station building at Pathanamthitta Depot using MLA-LAC-ADS
and for the construction of a bus terminal cum shopping complex at
Pathanamthitta Depot. It is alleged by the review petitioners that a
structural and quality auditing was conducted in the presence of
the representatives of the writ petitioner through an approved
consultancy and a structural stability test was conducted and
report was submitted as Annexures A to C, wherein various defects
were noted.
3. A perusal of Annexure A to C reports would reveal that the
said inspection was conducted in respect of the work of the bus
terminal cum shopping complex at Pathanamthitta and not in
in
respect of the construction of the bus station building in
Pathanamthitta Depot, which is the subject matter of the writ
petition and the present review petition. It is not brought to the
notice of this Court whether there was any structural deficiency or
defects in the construction in respect of the work, which is subject
matter or this writ petition, ie., the construction of the bus station
building at Pathanamthitta Depot using MLA-LAC-ADS.
4. Therefore, taking into consideration the fact that Ext.P6
completion certificate is granted by the review petitioners in favour
of the writ petitioner regarding the completion of work in question
and consequential sanctioning of the balance amount by the
Government as per Ext.P8 as requested by the review petitioners
for payment of the amount due to the writ petitioner under the said
work, I am of the view that the review petitioners have not made
out any case for review of the judgment.
Accordingly the review petition is dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
in
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE REPORT OF THE HLL
LIFECARE LIMITED DATED 04/03/2021
Annexure B A TRUE COPY OF THE STRUCTURAL STABILITY
REPORT OF THE COLLEGE ENGINEERING,
TRIVANDRUM DATED 05/12/2020
Annexure C A TRUE COPY OF THE SECOND REPORT OF THE
COLLEGE ENGINEERING, TRIVANDRUM DATED
10/12/2020
Annexure D A TRUE COPY OF THE LETTER OF THE CHAIRMAN
AND MANAGING DIRECTOR OF THE CORPORATION
DATED 04/03/2023
Annexure E A TRUE COPY OF THE COMMUNICATION OF THE
KSRTC DATED 26/07/2023
RESPONDENT ANNEXURES
Annexure R1(B) True copy of reply dated 15.03.2023 to
Annexure D sent by the 1st respondent to
the review petitioners
Annexure R1(A) True copy of letter no
CCC/04621/KSRTC/PTA SC dated 04.06.2021
submitted by the respondent to the review
petitioners
