The Chief Engineer vs L.Satheek
2024 Latest Caselaw 29156 Ker

Kerala High Court

The Chief Engineer vs L.Satheek on 10 October, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
                                     &
                     THE HONOURABLE MR. JUSTICE S.MANU
         Thursday, the 10th day of October 2024 / 18th Aswina, 1946
                             WA NO. 1503 OF 2024
    AGAINST JUDGMENT DATED 19.07.2024 IN WP(C) 17963/2022 OF THIS COURT
APPELLANT(S)/RESPONDENTS 3 TO 6 IN WP(C):

  1. THE CHIEF ENGINEER, PWD NATIONAL HIGHWAYS, PUBLIC OFFICE,
     MUSEUM.P.O, THIRUVANANTHAPURAM-695 033., PIN - 695033
  2. THE SUPERINTENDING ENGINEER, PWD NATIONAL HIGHWAYS, SOUTH CIRCLE,
     OPPOSITE LOURDE CHURCH, PATTOM.P.O, THIRUVANANTHAPURAM-695 004., PIN
     - 695004
  3. THE EXECUTIVE ENGINEER, PWD, NATIONAL HIGHWAYS DIVISION, NEAR CIVIL
     STATION, ALAPPUZHA - 688001., PIN - 688001
  4. THE SECRETARY, TO THE PUBLIC WORKS (D) DEPARTMENT, GOVERNMENT
     SECRETARIAT, THIRUVANANTHAPURAM - 695001., PIN - 695001

BY GOVERNMENT PLEADER SRI.V.TEKCHAND

RESPONDENT(S)/PETITIONER & RESPONDENTS 1 & 2 IN WP(C):

  1. L.SATHEEK, AGED 65 YEARS, AGED 65, MANAGING PARTNER, K.LAKSHMANAN
     AND CO., AKKAVILA, NO.200 SREE SARAVANA NAGAR, ERAVIPURAM.P.O,
     KOLLAM-691 011., PIN - 691011
  2. THE CHIEF ENGINEER (P-7), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
     TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET, NEW DELHI-110 001., PIN -
     110001
  3. THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
     OFFICE OF THE CHIEF ENGINEER, PWD NATIONAL HIGHWAYS, PUBLIC OFFICE,
     MUSEUM.P.O, THIRUVANANTHAPURAM- 695033., PIN - 695033

BY SENIOR ADVOCATE SRI.B.G.HARINDRANATH AND ADV. AMITH KRISHNAN.H for R1

     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the operation and implementation of the Judgment dated 19.07.2024
in WP(C)No.17963 of 2022, pending disposal of the above writ appeal.
     This Writ Appeal coming on for admission on 10.10.2024, upon
perusing the appeal memorandum , the court on the same day passed the
following:
                                  NITIN JAMDAR, C.J.
                                             &
                                       S.MANU, J.
                           =========================
                                 W.A. No. 1503 of 2024
                           =========================
                         Dated this the 10th day of October, 2024

                                            ORDER

NITIN JAMDAR, C.J.

Heard Sri. V. Tekchand, learned Senior Government Pleader for the Appellants and the learned Senior Counsel Sri.B.G.Harindranath.

2. The question that arises is whether the learned Single Judge could have fixed the rate of interest exercising the power under Article 226 of the Constitution of India in the absence of any statutory provision or provision in the contract. The contention of the learned Senior Government Pleader is that the decisions relied upon by the Petitioner before the learned Single Judge are distinguishable.

4. The appeal is admitted.

5. List the appeal on the weekly board on 28 October 2024 as per its chronological order.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

S.MANU JUDGE SPV

10-10-2024 /True Copy/ Assistant Registrar