Kerala High Court
Salih M.D vs State Of Kerala on 26 September, 2024
Author: V.G.Arun
Bench: V.G.Arun
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946
WP(C) NO. 33517 OF 2024
PETITIONER:
SALIH M.D.
AGED 37 YEARS
S/O. M.D. MOIDEENKUTTY, CONTRACTOR, BERKA HOUSE,
CHENGALA P.O., KASARGOD DISTRICT, PIN - 671541.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT
OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 CHIEF ENGINEER
PUBLIC WORKS DEPARTMENT (BUILDINGS), PUBLIC OFFICES,
VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033.
3 SUPERINTENDING ENGINEER
PUBLIC WORKS DEPARTMENT, BUILDINGS NORTH CIRCLE,
MANANCHIRA, PWD COMPLEX, KOZHIKODE, PIN - 673001.
4 EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT, BUILDINGS DIVISION, WYANAD,
KALPETTA., PIN - 673122.
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WP(C) NO. 33517 OF 2024 2
SMT. DEEPA NARAYANAN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 33517 OF 2024 3
JUDGMENT
The petitioner was awarded with the work of
construction of school building for Government LP School,
Karimbil, Mananthavady in Wayanad District. Completion of the
work got delayed, which according to the petitioner, is not for
reasons attributable to him. This writ petition is filed
aggrieved by Ext.P4 order terminating the contract at the
petitioner's risk and cost and forfeiting the security deposit
remitted by him.
2. The learned counsel for the petitioner submitted
that, on receipt of Ext.P4, the petitioner had submitted Ext.P5
representation, volunteering to complete the work in less than
two months and expressing consent for retaining an amount
equal to 30% of the balance work, until the work is completed.
It is submitted that, for the present, the petitioner is only
seeking a direction to the respondents to consider his
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representation expeditiously.
3. The learned Government Pleader would submit that,
since the construction of the school building got unduly
delayed due to the petitioner's fault, Ext.P4 order of
termination warrants no interference.
4. This Court need not venture to decide the question
as to who is responsible for the delay, since the petitioner has
submitted a representation undertaking to complete the works
within two months.
The writ petition is hence disposed of directing the 3 rd
respondent to consider Ext.P5 representation within one month
of receipt of a copy of this judgment. Till a decision is taken
on the representation, coercive proceedings based on Ext.P4
shall be kept on hold.
Sd/-
V.G.ARUN
JUDGE
Sru
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APPENDIX OF WP(C) 33517/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED
25.3.2023 SUBMITTED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED
28.11.2023 SUBMITTED BY THE PETITIONER BEFORE
THE ASSISTANT EXECUTIVE ENGINEER, PWD,
BUILDING SUB DIVISION MANANTHAVADY.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
21.12.2023 SUBMITTED BY THE PETITIONER BEFORE
THE ASSISTANT ENGINEER, PWD BUILDING SECTION
MANANTHAVADY.
Exhibit P3(a) TRUE COPY OF THE REPRESENTATION DATED
15.2.2024 SUBMITTED BY THE PETITIONER BEFORE
THE ASSISTANT ENGINEER, PWD BUILDING SECTION
MANANTHAVADY.
Exhibit P4 TRUE COPY OF THE ORDER NO.EE/B/D3/107396/2023
DATED 7.8.2024 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED
30.8.2024 SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT.
