Kerala High Court
C.L. Abdulla vs Kerala State Construction Corporation ... on 11 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
1
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 8950 OF 2024
PETITIONES:
C.L. ABDULLA
AGED 50 YEARS
S/O. C.L. MAHIN, CONTRACTOR, C.L. HOUSE, CHANDRAGIRI
P.O., KASARAGOD DISTRICT., PIN - 671317
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENT/S:
1 KERALA STATE CONSTRUCTION CORPORATION LIMITED
REGISTERED OFFICE, OLD PWD STORE COMPOUND,
NEAR BSNL OFFICE, PMG JUNCTION, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 695033
2 GENERAL MANAGER
KERALA STATE CONSTRUCTION CORPORATION LIMITED,
ADMINISTRATIVE OFFICE, DOOR NO.30/1521-A, BAY UNDER THE
BRIDGE, NORTHERN SIDE OF RAILWAY, PONNURUNNI P.O.,
VYTTILA, KOCHI., PIN - 682019
3 REGIONAL MANAGER
KERALA STATE CONSTRUCTION CORPORATION LIMITED, HOUSE
NO.2, AKG HOUSING COLONY, NEAR PALAKKAD SWAMI MADAM,
KAKKAD ROAD, KANNUR., PIN - 670002
4 ADDL. R4. KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
(KIIFB),
2ND FLOOR, FELICITY SQUARE, KODER LN, PALAYAM
2
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING
DIRECTOR IS IMPLEADED AS ADDL. R4 AS PER THE ORDER
DATED 27.05.2024 IN I.A. NO.1/2024.
FOR KIIFB S. CHANDRASEKHARAN NAIR; SC
FOR KSCC M.RAJAGOPALAN NAIR,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, ALONG WITH WP(C).9023/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 9023 OF 2024
PETITIONER:
C.L. ABDULLA
AGED 50 YEARS
S/O. C.L. MAHIN, CONTRACTOR, C.L. HOUSE, CHANDRAGIRI
P.O., KASARAGOD DISTRICT., PIN - 671317
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENTS:
1 KERALA STATE CONSTRUCTION CORPORATION LIMITED
REGISTERED OFFICE, OLD PWD STORE COMPOUND, NEAR BSNL
OFFICE, PMG JUNCTION, VIKAS BHAVAN P.O.,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 695033
2 GENERAL MANAGER
KERALA STATE CONSTRUCTION CORPORATION LIMITED,
ADMINISTRATIVE OFFICE, DOOR NO.30/1521-A, BAY UNDER THE
BRIDGE, NORTHERN SIDE OF RAILWAY, PONNURUNNI P.O.,
VYTTILA, KOCHI., PIN - 682019
3 PROJECT ENGINEER
KERALA STATE CONSTRUCTION CORPORATION LIMITED, HOUSE
NO.2, AKG HOUSING COLONY, NEAR PALAKKAD SWAMI MADAM,
KAKKAD ROAD, KANNUR., PIN - 670002
4 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB)
( SOUGHT TO BE IMPLEADED )
2ND FLOOR, FELICITY SQUARE, KODER LN., PALAYAM
4
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS MANAGING
DIRECTOR. ( SOUGHT TO BE IMPLEADED )
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.09.2024, ALONG WITH WP(C).8950/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
5
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
V.G.ARUN, J.
============================
W.P.(C.) Nos. 8950 & 9023 of 2024
============================
Dated this the 11th day of September, 2024
JUDGMENT
The grievance of the petitioner is regarding
the inordinate delay in sanctioning and disbursing the
bill raised towards construction of Pre-Matric Hostel for
boys at Kuttikkol and Pre-Matric Hostel for girls at
Bedadukka in Kasargode.
2. The learned Standing Counsel for the Kerala
State Construction Corporation Limited submits that
the revised estimate for the project has been approved
by the KIIFB, which is the funding agency and the next
step is for the petitioner to execute the supplementary
agreement already handed over to the petitioner.
Once that agreement is executed, the bills will be
prepared and uploaded in the KIIFB portal.
3. Learned counsel for the KIIFB submits that
on the bills being uploaded, they will be verified and
the eligible amount sanctioned within one month.
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
4. In the light of the above submissions, the
writ petition is disposed of with the following
directions:
(i) The petitioner shall execute the
supplementary agreement.
(ii) Thereupon, the Kerala State
Construction Corporation shall prepare and
upload the bills in the KIIFB's portal.
(iii) The KIIFB shall verify, the bills and
credit the eligible amount in the account of
the KSCC within one month.
(iv) The KSCC shall disburse the amount
to the petitioner, within 10 days of the
amount being credited in its account.
Sd/-
V.G.ARUN
JUDGE
sjb/11-9
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
APPENDIX OF WP(C) 9023/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLETION CERTIFICATE
ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
27.12.2020 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
10.9.2021 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
1.1.2024 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS.
RESPONDENT EXHIBITS
Exhibit R4 (a) The true copy of the tripartite agreement
dated 06/03/2018
W.P.(C.) Nos. 8950 & 9023 of 2024
2024:KER:69695
APPENDIX OF WP(C) 8950/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF EXPERIENCE
DATED 26.2.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE LETTER DATED 5.3.2021 ISSUED
BY THE 3RD RESPONDENT, PERTAINING TO THE
COMPLETION OF WORK, TO THE BRANCH MANAGER,
KERALA FINANCIAL CORPORATION.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
27.12.2020 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
10.9.2021 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
1.1.2024 SUBMITTED BY THE PETITIONER BEFORE
THE RESPONDENTS.
RESPONDENT EXHIBITS
Exhibit R4 (a) The true copy of the tripartite agreement
dated 06/03/2018.
