Kerala High Court
Devika Construction vs State Of Kerala on 6 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 5155 OF 2024
PETITIONERS:
1 DEVIKA CONSTRUCTION
10B, SREE DHANYA HAVENS,
AMBALAMUKKU, PEROORKADA P.O.,
THIRUVANANTHAPURAM, PIN - 965005
REPRESENTED BY ITS PROPRIETRIX - S. PRIYA,
2 S. PRIYA
AGED 55 YEARS, D/O SUKUMARAN KRISHNAN,
RESIDING AT 10B, SREE DHANYA HAVENS,
AMBALAMUKKU, PEROORKADA P.O.,
THIRUVANANTHAPURAM, PIN - 965005
BY ADVS.
P.PARAMESWARAN NAIR
SREELATHA PARAMESWARAN NAIR
SOORAJ T.ELENJICKAL
HELEN P.A.
STEPHANIE SHARON
ATHUL ROY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF FINANCE, FINANCE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 SPORTS KERALA FOUNDATION
REPRESENTED BY PRINCIPAL SECRETARY,
SPORTS AND YOUTH AFFAIRS, GOVERNMENT OF
KERALA JIMMY GEORGE INDOOR STADIUM,
VELLAYMBALAM, THIRUVANANTHAPURAM - 695033
3 THE CHIEF ENGINEER,
SPORTS KERALA FOUNDATION, JIMMY GEORGE
INDOOR STADIUM, VELLAYMBALAM,
THIRUVANANTHAPURAM, PIN - 695033
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
SPORTS DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
W.P.(C).No.5155 of 2024
:2:
5 DIRECTOR
THE DIRECTORATE OF SPORTS AND YOUTH AFFAIRS,
JIMMY GEORGE INDOOR STADIUM, VELLAYMBALAM,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SMT.VIDYA KURIAKOSE - GP
SRI.P.U.SHAILAJAN - SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.5155 of 2024
:3:
JUDGMENT
The petitioners say that even though they have completed
the work of upgradation of the school ground at the "Boys
Higher Secondary School", Haripad, Alappuzha, as entrusted to
them by the Sports Kerala Foundation; and that though they
have discharged their contractual obligations without objections
until now, an amount of Rs.19,64,953.45/- is due to them and
which remains undisputed, but unlawfully retained by the
respondents; and thus pray that it be directed to be paid to
them, within the earliest time.
2. Sri.P.Parameswaran Nair - learned counsel for the
petitioners, submitted that the afore amount has never been
disputed by the respondents, nor has there been any objection
raised against the work of his clients, though it is true that
certain action has now been taken by them to terminate the
contract. He submitted that, even then, the afore amount is
legally due to his clients; and thus reiteratingly prayed that the
reliefs sought for in this writ petition be granted.
3. Sri.P.U.Shailajan - learned Standing Counsel for
respondent Nos. 2 and 3, however, submitted that the amount
above mentioned is not undisputed and that because his client
intends to terminate the contract granted to the petitioners
earlier; and therefore, that their liability if any - including
damages, fine and such other - will require to be assessed. He
submitted that, therefore, this Court may not direct his clients
to disburse the afore amount to the petitioners; but added that,
if it is so inclined, the competent Authority is willing to hear the
petitioners and decide the actual amount due to them, if any,
without any avoidable delay.
4. I have no doubt that the afore suggestion of
Sri.P.U.Shailajan is the best available to the petitioners because,
when their claim is now disputed by the 2nd respondent - be that
genuine or otherwise - it becomes a disputation of facts, into
which this Court cannot enter, while acting under Article 226 of
the Constitution of India. Obviously, it is for the competent
Authority of the 2nd respondent to decide the claim of the
petitioners at the first instance, so that they will then obtain a
cause of action, to approach this Court through judicial review.
In the afore circumstances, I allow this writ petition and
direct the competent Authority of the 2 nd respondent to
immediately hear the petitioners and take a decision on their
claim; thus culminating in an appropriate order and necessary
action thereon, as expeditiously as is possible, but not later than
one month from the date of receipt of a copy of this judgment.
Needless to say, if, through the afore exercise, the above
mentioned amount or portions thereof, are found to be eligible
to the petitioners, then the same shall be disbursed to them,
within a period of one month thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 5155/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE E-GOVERNMENT
PROCUREMENT (E-GP) NOTICE INVITING
TENDER E-TENDER NO. 50/SKF/CE/2022-23
DATED 23.05.2022
Exhibit P2 TRUE COPY OF THE LETTER NO. C2-
13/21/SKF DATED 23.08.2022 OF
ACCEPTANCE ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE AGREEMENT NO.
159/CESKF/2022-23 DATED 21.11.2022
Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO. C2-
13/21/SKF DATED 23.08.2022 ISSUED BY
THE 3RD RESPONDENT PRIOR TO THE
EXECUTION OF THE AGREEMENT
Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT FORM
EVIDENCING THE HANDING OVER OF THE SITE
TO THE CONTRACTOR/PETITIONERS ON
13.11.2022
Exhibit P6 TRUE COPY OF THE LETTER E-MAILED ON
14.12.2022 WITH THE PETITIONER'S LETTER
DATED 13.12.2022
Exhibit P7 TRUE COPY OF THE LETTER SENT BY THE
PETITIONER, TO THE 3RD RESPONDENT BY E-
MAIL ON 03.01.2023
Exhibit P8 TRUE COPY OF THE E-MAIL COMMUNICATION
SENT BY THE PETITIONERS ON 05.01.2023
Exhibit P9 TRUE COPY OF THE LETTER SENT BY THE
PETITIONERS ON 22.02.2023 TO THE 3RD
RESPONDENT
Exhibit P10 TRUE COPY OF THE REPLIES MADE BY THE
PETITIONERS ON 12.04.2023 TO THE
REMARKS MADE BY THE DEPARTMENT
Exhibit P11 TRUE COPY OF THE EMAIL SENT BY THE
PETITIONERS ON 18.05.2023 TO THE 2ND
RESPONDENT
Exhibit P12 TRUE COPY OF THE MINUTES OF MEETING FOR
UPGRADATION OF BOYS HIGHER SECONDARY
SCHOOL GROUND AT HARIPPAD ALONG WITH
THE AMENDED DRAWINGS SKETCH, HELD ON
DATED 30.05.2023
Exhibit P13 TRUE COPY OF THE SECOND SUPPLEMENTAL
AGREEMENT DATED 21.10.2023
Exhibit P14 TRUE COPY OF THE PROCEEDINGS NO. C2-
13/21/SKF DATED 21.10.2023 EXTENDING
THE TIME OF COMPLETION UPTO 31.12.2023
Exhibit P15 TRUE COPY OF THE E-MAIL DATED
04.01.2024 TO UPDATE THE STATUS OF THE
FIRST RUNNING ACCOUNT BILL PENDING
Exhibit P16 TRUE COPY OF THE E-MAIL SENT BY THE
PETITIONERS ON 23/01/2024 REQUEST FOR
PAYMENT UPDATE-UPGRADATION
RESPONDENTS' EXHIBITS : NIL.
