Kerala High Court
Kerala Infrastructure Investment Fund ... vs C.L Abdulla on 17 January, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:4286
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
RP NO. 1215 OF 2024
ARISING FROM WP(C) NO.9023 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/4TH RESPONDENT:
MANAGING DIRECTOR REPRESENTED BY LEGAL OFFICER
KERALA INFRASTRUCTURE INVESTMENT FUND BOARD, 2ND FLOOR
FELICITY SQUARE STATUE THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
S.CHANDRASEKHARAN NAIR, SC, KIIFB
S.JAYANT
ABHIREMYA RAJ R B
GOVIND V.P.
SHAHANAZ B.
GAYATHRI R.
RESPONDENTS/PETITIONER/RESPONDENTS 1 TO 3:
1 C L ABDULLA
CONTRACTOR, C.L.HOUSE, CHANDRAGIRI P.O, KASARGOD
DISTRICT, PIN - 671371
2 MANAGING DIRECTOR
OLD PWD STORE COMPOUND, NEAR BSNL OFFICE, PMG JUNCTION,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033
3 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
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4 PROJECT MANAGER
KERALA STATE CONSTRUCTION CORPORATION LIMITED, HOUSE
NO2, AKG HOUSING COLONY, NEAR PALAKKAD SWAMI MADAM,
KAKKAD ROAD, KANNUR, PIN - 670002
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
17.01.2025, ALONG WITH RP.1282/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 17TH DAY OF JANUARY 2025 / 27TH POUSHA, 1946
RP NO. 1282 OF 2024
ARISING FROM WP(C) NO.8950 OF 2024 OF HIGH COURT OF KERALA
REVIEW PETITIONER/4TH RESPONDENT:
KERALA INFRASTRUCTURE INVESTMENT FUND BOARD
KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB) ,
2ND FLOOR, , FELICITY SQUARE, KODER LN, PALAYAM,
THIRUVANANTHAPURAM KERALA REPRESENTED BY MANAGING
DIRECTOR, PIN - 695001
BY ADVS.
S.CHANDRASEKHARAN NAIR, SC, KIIFB
S.JAYANT
GOVIND V.P.
ABHIREMYA RAJ R B
SHAHANAZ B.
GAYATHRI R.
RESPONDENTS/PETITIONER/RESPONDENTS 1 -3:
1 C.L ABDULLA
AGED 50 YEARS
CONTRACTOR, CL HOUSE, CHANDRAGIRI. P.O KASARGOD
DISTRICT, PIN - 671317
2 KERALA STATE CONSTRUCTION CORPORATION
KERALA STATE CONSTRUCTION CORPORATION LIMITED,
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REGISTERED OFFICE, OLD PWD STORE COMPOUND NEAR BSNL
OFFICE, PMG JUNCTION, VIKAS BHAVAN P.O ,
THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
DIRECTOR, PIN - 695033
3 GENERAL MANAGER KERALA STATE CONSTRUCTION CORPORATION
LIMITED
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
4 REGIONAL MANAGER KERALA STATE CONSTRUCTION CORPORATION
LIMITED
KERALA STATE CONSTRUCTION CORPORATION LIMITED, HOUSE
NO.2 AKG HOUSING COLONY, NEAR PALAKKAD SWAMI MADAM,
KAKKAD, KANNUR, PIN - 670002
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17.01.2025,
ALONG WITH RP.1215/2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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5
ORDER
Dated this the 17th day of January, 2025
These review petitions are filed pointing out
an error apparent on the face of the judgments, in this
Court having directed payment of the bills by the
Kerala Infrastructure Investment Fund Board (KIIFB)
to the account of the special purpose vehicle.
2. Learned Counsel for the review petitioner
submits that as per the prescribed procedure, payment
is to be made to the account of the contractor. It is
further submitted that, while directing to forward the
bills to the portal of the KIIFB, this Court ought to have
required the Kerala State Construction Corporation to
issue payment sanctioning proceedings also.
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Having heard the learned Counsel for the
review petitioner and the respondents, I find the
prayer for review to be well founded. Accordingly, the
directions in paragraph 4 of the judgments are
modified as under:
"(i) The petitioner shall execute the supplementary
agreement.
(ii) Thereupon, the Kerala State Construction
Corporation shall issue payment sanctioning
proceedings and submit the same along with the bill in
the KIIFB's portal.
(iii) Once such a proceeding sanctioning the payment is
submitted to KIIFB along with the bill, KIIFB shall
verify the bills, and credit the eligible amount in the
account of the Petitioner within one month from the
date of receipt of payment sanctioning proceedings and
bills".
Sd/-
V.G.ARUN
JUDGE
SSK/17/01
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PETITIONER ANNEXURES
Annexure A1 A COPY OF G.O(P) NO.69/2018/FIN DATED 24-
02-2018
Annexure A2 THE CERTIFIED COPY OF THE JUDGMENT IN WPC
NO. 8950 OF 2024 DATED 11/09/2024
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PETITIONER ANNEXURES
Annexure A1 A COPY OF G.O(P) NO.69/2018/FIN DATED 24-
02-2018
Annexure A2 THE CERTIFIED COPY OF THE JUDGMENT IN WPC
NO. 9023 OF 2024 DATED 11/09/2024
