Kerala High Court
Augustine J.Chalil vs M/S.Lakshadweep Development ... on 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 40952 OF 2016
PETITIONERS:
1 AUGUSTINE J.CHALIL
AGED 64 YEARS
S/O.C.M.JOSEPH, PROPRIETOR, M/S.ALCOS, SHOP NO.3,
BELOW SOUTH OVER BRIDGE, ERNAKULAM, COCHIN 682 016.
2 P.J.CYRUS
S/O.JOSEPH, PROPRIETOR, M/S.ST.JOSEPH'S ENGINEERING
WORKS, CC 17/1611, MUNDAMVELI SANTHOM, COCHIN 682
507.
3 MR.NARENDERANATH GOPALAN
S/O.GOPALAN NAIR, M/S.SENSATION PEST CONTROL
SERVICES, 35/3030-A1, VYLASSERRY ROAD PALARIVATTOM,
COCHIN 682025.
4 MR.K.A.XAVIER
AGED 47 YEARS
S/O.K.V.ANTONY, PROPRIETOR, M/S.BOLGATTY MARINE,
11/73, BOLGATTY, MULAVUKADU P.O., COCHIN 682 504.
BY ADV SRI.A.G.ADITYA SHENOY
RESPONDENTS:
1 M/S.LAKSHADWEEP DEVELOPMENT CORPORATION LTD.
27/1038 B, PANAMPILLY NAGAR, ERNAKULAM 682 036
REPRESENTED BY ITS MANGING DIRECTOR.
2 THE ADMINISTRATOR
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI,
LAKSHADWEEP 682 555.
BY ADVS.
SRI.MANU.S, SCGC,
ADMINISTRATION OF THE UNION TERRITORY OF
LAKSHADWEEP
Sajith Kumar V - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 40952 OF 2016
2
JUDGMENT
1. Petitioners are contractors engaged by the 1st respondent
- Corporation for doing maintenance and repairing works of
the vessels operated by the Corporation.
2. According to the petitioners they have completed the
works, but the 1st respondent refused to disburse the
contract payments citing flimsy reasons.
3. They had earlier approached this Hon'ble Court by filing
WP(C) No.1290/2013 and this Court directed the 1 st
respondent to communicate the defects in the documents
submitted by the petitioners within two weeks and permitted
them to rectify the defects.
4. According to the petitioners inspite of rectifying the
defects the 1st respondent did not release the amounts due
to them. Petitioners approached this Court again by filing
WP(C) No.30669/2015 and this Court passed Ext.P16
WP(C) NO. 40952 OF 2016
judgment directing the 1st respondent to honour the final bills
if the petitioners cure the defects within a period of one
month from the date of receipt of a copy of the said
judgment. With respect to work done without Work Orders,
this Court directed to constitute a Committee to find out
whether the petitioner has undertaken any such work, the
petitioner had been compensated to the extent
recommended by the Committee. It is made clear that
petitioner shall not hereafter undertake any work without any
written Work Order from the 3rd respondent.
5. The Committee constituted as per the directions from this
Court in Ext P16 considered the issue and Ext.P17 is the
Minutes of the Committee dated 02/06/2016 in which it is
stated that even though opportunities are given to the
petitioners for substantiating their claim, the petitioners did
not avail such opportunities. The Committee also found that
the Work Done Certificates produced by the petitioners
WP(C) NO. 40952 OF 2016
cannot be treated as genuine and acceptable in the
absence of the name and CDC number of the person who
had signed as 'Master/Chief Officer' of the Vessels.
6. The submission of the learned counsel for the petitioner
is that in similar circumstances the 1st respondent has
accepted Work Done Certificates even without CDC number
and name of the Master of the vessel.
7. The learned standing counsel for the 1 st respondent
invited my attention to the relevant clause which is extracted
in Paragraph Number 8 of the Counter affidavit which
mandates that Work Order and Work Done Certificates are
mandatory for processing the bills after completion of the
contracts.
8. Ext.P16 judgment indicates that this Court was also of
the view that the Work Order is a mandatory document.
That is why this Court directed the petitioners not to do any
work thereafter without Work Order. Ext.P17 shows that
WP(C) NO. 40952 OF 2016
ample opportunities are given to the petitioner. Accordingly,
since those documents are essential for processing the bill, I
do not find any infirmity to Ext.P17. There is nothing on
record to show that the 1st respondent has accepted Work
Done Certificates without CDC number and name of the
Master of the vessel in similar circumstances.
9. Therefore, this writ petition fails and is dismissed
accordingly.
Sd/-
M.A.ABDUL HAKHIM
JUDGE
sms
WP(C) NO. 40952 OF 2016
APPENDIX OF WP(C) 40952/2016
PETITIONER EXHIBITS
EXT.P1 TRUE COPY OF THE LETTER DATED
29/10/2012 SUBMITTED BY THE 1ST
PETITIONER
EXT.P2 TRUE COPY OF THE LETTER DATED
29/10/2012 SUBMITTED BY THE 2ND
PETITIONER
EXT.P3 TRUE COPIES OF THE STATEMENTY OF
DETAILS OF PENDING BILL SUBMITTED BY
THE 3RD PETITIONER
EXT.P4 TRUE COPIES OF THE STATEMENTS/ BILLS
SUBMITTED BY THE 4TH PETITIONER
BEFORE THE 1ST RESPONDENT SHOWING THE
DETAILS OF THE PENDING BILLS ALONG
WITH THE COVERING LETTER DATED
19/10/2012
EXT.P5 TRUE COPY OF THE JUDGMENT DATED
15/3/2013 IN WPC 1290/2013 ON THE
FILES OF THE HON'BLE HIGH COURT OF
KERALA
EXT.P6 TRUE COPY OF THE COMMUNICTION DATED
5/4/2013 ISSUED BY THE 1ST RESPONDENT
TO THE 1ST PETITIONER
EXT.P6(A) TRUE COPY OF THE COMMUNICTION DATED
5/4/2013 ISSUED BY THE 1ST RESPONDENT
TO THE 2ND PETITIONER
EXT.P6(B) TRUE COPY OF THE COMMUNICTION DATED
5/4/2013 ISSUED BY THE 1ST RESPONDENT
TO THE 3RD PETITIONER
EXT.P6(C) TRUE COPY OF THE COMMUNICTION DATED
5/4/2013 ISSUED BY THE 1ST RESPONDENT
TO THE 4TH PETITIONER
EXT.P7 TRUE COPY OF THE REPLY DATED
17/4/2013, ISSUED BY THE 1ST
PETITIONER
EXT.P8 TRUE COPY OF THE REPLY DATED
16/4/2013, ISSUED BY THE 2ND
PETITIONER
WP(C) NO. 40952 OF 2016
EXT.P9 TRUE COPY OF THE REPLY DATED
26/4/2013 ISSUED BY THE 3RD
PETITIONER
EXT.P10 TRUE COPY OF THE REPLY DATED
20/4/2013, ISSUED BY THE 4TH
PETITIONER
EXT.P11 TRUE COPY OF THE COMMUNICATION DATED
26/6/2013 ISSUED BY THE 1ST
RESPONDENT TO THE 1ST PETITIONER
EXT.P11(A) TRUE COPY OF THE COMMUNICATION DATED
26/6/2013 ISSUED BY THE 1ST
RESPONDENT TO THE 2ND PETITIONER
EXT.P11(B) TRUE COPY OF THE COMMUNICATION DATED
26/6/2013 ISSUED BY THE 1ST
RESPONDENT TO THE 3RD PETITIONER
EXT.P11(C) TRUE COPY OF THE COMMUNICATION DATED
26/6/2013 ISSUED BY THE 1ST
RESPONDENT TO THE 4TH PETITIONER
EXT.P12 TRUE COPY OF THE REPRESENTATION DATED
16/8/2014 SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P13 TRUE COPY OF THE REPRESENTATION DATED
16/8/2014 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P14 TRUE COPY OF THE REPRESENTATION DATED
13/9/2014 SUBMITTED BY THE 3RD
PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P15 TRUE COPY OF THE REPRESENTATION DATED
16/8/2014 SUBMITTED BY THE 4TH
PETITIONER BEFORE THE 1ST RESPO2DENT.
EXT.P16 TRUE COPY OF THE JUDGMENT DATED
18/11/2015 IN WPC NO.30669/2015
EXT.P17 TURE COPY OF THE ORDER DATED 2/6/2016
ISSUED BY THE EXPERT COMMITEE
CONSTUTED BY THE 1ST RESPONDENT
EXT.P18 TURE COPY OF THE INVOICE DATED
21/7/2016 BEARING NUMBER 87 ISSUED BY
THE 4TH PETITIONER TO THE 1ST
RESPONDENT
EXT.P18(A) TRUE COPY OF THE WORK DONE
CERTIFICATE DATED 29/1/2011 ISSUED TO
THE 4TH PETITIONER.
WP(C) NO. 40952 OF 2016
EXT.P18(B) TRUE COPY OF THE WORK ORDER BEARING
NO.KH4426 DATED 7/7/2011 ISSUED BY
THE 4TH PETITIONER BY THE 1ST
RESPONDENT
EXT.P18(C) TRUE COPY OF THE CHEQUE BEARING
NO.489982 DATED 15/9/2011 DRAWN ON
ICIICI BANK ISSUED BY THE 1ST
RESPONDENT
