Kerala High Court
M/S. Madathil Constructions vs State Of Kerala on 14 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:85212
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA, 1946
WP(C) NO. 39547 OF 2024
PETITIONER:
M/S. MADATHIL CONSTRUCTIONS
ENGINEERS AND CONTRACTORS, MADATHIL PALAZA,
NELLIKKA PARAMBA, POST MUKKOM, KOZHIKODE 673 603,
REPRESENTED BY MANAGING PARTNER ABDUL KAREEM,
AGED 72 YEARS, S/O. MOHAMMED HAJI, MADATHIL HOUSE,
NELLIKAPARAMBU, POST MUKKOM, KOZHIKODE,
PIN - 673603
BY ADVS.
R.SUDHISH
M.MANJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SUPERINTENDING ENGINEER
KERALA PUBLIC WORKS DEPARTMENT, BUILDINGS,
NORTH CIRCLE, P.W.D. COMPLEX, MANANCHIRA,
KOZHIKODE, PIN - 673001
3 THE ASSISTANT EXECUTIVE ENGINEER
OFFICE OF THE SUPERINTENDING ENGINEER,
KERALA PUBLIC WORKS DEPARTMENT, BUILDINGS,
NORTH CIRCLE, KOZHIKODE,
PIN - 673001
WP(C) NO. 39547 OF 2024
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4 THE EXECUTIVE ENGINEER
PWD BRIDGES DIVISION, NORTH CIRCLE,
KOZHIKODE, PIN - 673001
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 14th day of November, 2024
The petitioner has been awarded the work of
construction of compound wall for the Government
Mental Health Centre, Kozhikode. Ext.P1 Letter of
Acceptance require the petitioner to furnish performance
guarantee and additional performance guarantee in the
form of Treasury Fixed Deposit and Bank Guarantee.
The petitioner submits that Ext.P2 final bill with respect
to another work carried out by the petitioner is pending
payment and therefore, in lieu of performance guarantee
and additional performance guarantee, the pending part
bill can be accepted.
2. Learned Counsel for the petitioner
contends that, substitution of performance guarantee
with certified part bills is permissible and the
Government has issued circulars in that regard.
3. Learned Government Pleader submits
WP(C) NO. 39547 OF 2024
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that such procedure can be permitted, if the petitioner
produces indemnity certificate issued online in EMLI
application, as mandated in G.O.(Rt) No.3834/2020/Fin.
Dated 23.06.2020.
In the light of the above submissions, the writ
petition is disposed of with the following direction;
The 2nd respondent shall permit the petitioner to
execute the agreement with respect to the work awarded
as per Ext.P1, by substituting the performance
guarantee and additional performance guarantee with
Ext.P2 bill subject to the petitioner producing the
indemnity certificate. The time for executing the
agreement shall stand extended by two weeks from
23.11.2024.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 39547 OF 2024
2024:KER:85212
APPENDIX OF WP(C) 39547/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED
BY THE 2ND RESPONDENT DATED 25.10.2024
EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT EXECUTIVE ENGINEER DATED
26.10.2024
EXHIBIT P3 TRUE COPY OF THE LETTER SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT DATED
30.10.2024
EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT IN W.P.(C) NO. 32058 OF 2016 DATED
27.10.2016
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT IN W.P.(C) NO. 39212 OF 2015 DATED
22.12.2015
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT IN W.P.(C) NO. 30880 OF 2018 DATED
9.10.2018
