Rajendran K vs State Of Kerala
2024 Latest Caselaw 27000 Ker

Kerala High Court

Rajendran K vs State Of Kerala on 6 September, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                             2024:KER:67998
WP(C) NO. 31414 OF 2024

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         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

              THE HONOURABLE MR.JUSTICE V.G.ARUN

FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                   WP(C) NO. 31414 OF 2024

PETITIONER:

          RAJENDRAN K.
          AGED 62 YEARS
          S/O.KUTTAN PANICKER 'SRUTHILAYAM',
          MARUTHOORKONAM, KOTTUKAL P.O., BALARAMAPURAM,
          THIRUVANANTHAURAM, PIN - 695501


          BY ADV AJITH KRISHNAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          PUBLIC WORKS DEPARTMENT,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
          PIN - 695001

    2     THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT
          ROADS, PUBLIC OFFICE, THIRUVANANTHAPURAM,
          PIN - 695033

    3     THE SUPERINTENDING ENGINEER
          PUBLIC WORK DEPARTMENT ROADS (SC),
          THIRUVANANTHAPURAM, PIN - 695033
                                                       2024:KER:67998
WP(C) NO. 31414 OF 2024

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    4          THE EXECUTIVE ENGINEER, PWD ROADS DIVISION
               PMG JUNCTION THIRUVANANTHAPURAM, PIN - 695033

               BY ADV
               SRI. SUNILKUMAR KURIAKOSE, SR. GP.
        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   06.09.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                2024:KER:67998
WP(C) NO. 31414 OF 2024

                               3


                          JUDGMENT

The petitioner, a PWD contractor was awarded the

work of "Improvements to Chekkadi-Kallingavilakam,

Mukkola-Nellikunnu, Peringamala-Mangalathukonam Road

by providing BM & BC". The selection notice was issued on

04.03.2024. The petitioner is yet to execute the agreement.

Initially the petitioner could not execute the agreement and

commence the work since Model Code of Conduct was

invoked. Thereafter, the petitioner made a representation to

the respondents seeking extension of time for executing the

agreement, stating that he was not keeping well. Later, the

respondents issued notice requiring the petitioner to execute

the agreement and commence the work immediately. As the

petitioner did not act in terms of the notice the respondents

decided to re-tender the work. Aggrieved, this writ petition is

filed.

2024:KER:67998 WP(C) NO. 31414 OF 2024

2. The learned Counsel for the petitioner

submitted that delay in executing the agreement and

commencing the work is not attributable to his client alone

and given an opportunity to the petitioner to complete the

work in terms of the selection notice. It is pointed out that the

petitioner has submitted Ext.P8 representation before the 2 nd

respondent detailing the circumstances under which he could

not execute the agreement and also requesting to provide an

opportunity for commencing and completing the work.

3. The learned Government Pleader submitted

that enough and more opportunity was granted to the

petitioner for completing the work and as per instructions

received, the other works awarded to the petitioner are also

not progressing as per schedule.

4. Considering that initially the agreement was

not executed by reason of the Model Code of Conduct and 2024:KER:67998 WP(C) NO. 31414 OF 2024

that the petitioner has offered an explanation for the delay, it

is only appropriate to consider the petitioner's request before

proceeding with the re-tender.

The writ petition is hence disposed of directing the

2nd respondent to consider Ext.P8 within ten days. The

proposed re-tender shall be deferred till a decision is taken.

Based on such decision, the Chief Engineer shall proceed

with the proposal to terminate the contract.

Sd/-

V.G.ARUN JUDGE scs 2024:KER:67998 WP(C) NO. 31414 OF 2024

APPENDIX OF WP(C) 31414/2024

PETITIONER EXHIBITS

Exhibit - P1 TRUE COPY OF THE SELECTION NOTICE DATED 4/3/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit - P2 TRUE COPY OF THE REPRESENTATION DATED 6/3/2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

Exhibit - P3 TRUE COPY OF THE REPRESENTATION DATED 2/7/2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

Exhibit - P4 TRUE COPY OF THE NOTICE DATED 4/8/2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit - P5 TRUE COPY OF THE REPRESENTATION DATED 23/8/2024 TO THE 3RD RESPONDENT BY THE PETITIONER

Exhibit - P6 TRUE COPY OF THE ORDER SESCRD/1067/2024 DB5-PWD,DATED 22/8/2024 ISSUED BY THE 3RD RESPONDENT

Exhibit - P7 TRUE COPY OF THE TENDER NOTIFICATION, DATED 2-9-2024, ISSUED BY THE 3RD RESPONDENT

Exhibit - P8 TRUE COPY OF THE REPRESENTATION DATED 2/9/2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT