Disposed

Jose Thomas M. v. State of Kerala

Kerala HC8 Jun 2012WP(C)/6560/2012

Case brief

AI extract

What is this about?

The High Court directed the First Respondent to consider the petitioner's representation for approval of a revised estimate and communicate a decision within four months, disposing the petition without deciding merits.

What did the court decide?

Direction to the first respondent to take a decision on the representation within four months from the date of receipt of a copy of this judgment.

Jose Thomas M. Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR

¶4

FRIDAY, THE 8TH DAY OF JUNE 2012/18TH JYAISHTA 1934

¶5

WP(C).No. 6560 of 2012 (T)

¶6

PETITIONER(S):

¶7

JOSE THOMAS M., GOVERNMENT CONTRACTOR, JOSE BUNGALOW, PIDAVOOR P.O., PATHANAPURAM, KOLLAM DIST-691625.

¶8

BY ADVS.SRI.K.BABU THOMAS SMT.MARYKUTTY BABU

¶9

RESPONDENT(S):

¶10

1. STATE OF KERALA

¶11

REP.BY THE SECRERTARY TO GOVERNMENT , PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶12

2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT ,ROADS AND BRIDGES, TRIVANDRUM-695 033.

¶13

3. THE SUPERINTENDENT ENGINEER, PUBLIC WORKS DEPARTMENT ROAD AND BRIDGES, SOUTH CIRCLE,TRIVANDRUM-695 033.

¶14

4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, KOLLAM-691 012.

¶15

R1 TO R4 BY GOVERNMENT PLEADER SRI. K.C. VINCENT

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

Kss

¶18

WPC.NO.6560/2012 T

¶19

APPENDIX

¶20

PETITIONER'S EXHIBITS:

¶21

EXT.P1:-	TRUE COPY OF THE RELEVANT PORTION OF THE AGREEMENT DTD. 30/10/2009.
EXT.P2:-	TRUE COPY OF LETTER OF THE 2ND RESPONDENT FOR EXTRA ITEMS SANCTIONED DTD. 15/03/2010.
EXT.P3:-	TRUE COPY OF THE REVISED ESTIMATE SENT BY THE 2ND RESPONDENT TO THE IST RESPONDENT FOR RS.4,29,34,291/- DTD. 07/07/2010.
EXT.P4:-	TRUE COPY OF THE BILL SUBMITTED BY THE PETITION FOR PAYMENT OF RS.2,68,79,927/- TO THE 4TH RESPONDENT DTD. 05/10/2011.
EXT.P5:-	TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE IST RESPONDENT FOR APPROVAL OF REVISED ESTIMATE FOR PAYMENT.

¶22

RESPONDENTS' EXHIBITS:

N I L

/TRUE COPY/

P.S.TO JUDGE

Kss

T.R. Ramachandran Nair, J.

¶28

- - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6560 of 2012

¶29

- - - - -- - - - - - - - - - - - - - - - - - - - -

¶30

Dated this the 8th day of June, 2012

¶31

JUDGMENT

¶32

The petitioner was awarded a contract for the work of NABARD - RIDF - Reconstruction of Muttakkavu Bridge across Pallimon River in Kollam - Ayoor Road, on 20.10.2009. Ext.P1 is the copy of the agreement. The prayer in this writ petition is for a direction to the first respondent to consider and pass orders on Ext.P5 representation, wherein the petitioner has sought for grant of approval of Ext.P3 revised estimate submitted on 7.7.2010. The petitioner also seeks for a direction to the respondents to effect payment of Ext.P4 bill.

¶33

Learned Government Pleader on instructions, submitted that the Chief Technical Examiner under the Government is the authority to conduct inspection and the Officer-in-Charge has already conducted an inspection. It is also submitted that some more time is required for finalising the matter.

¶34

Accordingly, there will be a direction to the first respondent to take a decision on Ext.P5 after considering all aspects and communicate the same to the petitioner within four months from the date of receipt of a copy of this judgment. It is made clear that this Court has not expressed anything

¶35

WPC.6560/2012 - 2-

¶36

on the merits of the matter. The petitioner will forward a certified copy of

¶37

this judgment along with a copy of the writ petition for compliance.

¶38

The writ petition is disposed of as above. No costs.

¶39

(T.R. Ramachandran Nair, Judge.)

¶40

kav/

Jose Thomas M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Jose Thomas M. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

State of Kerala Vs v.P.Sajitha Devi

Ajith Mathew Vs State of Kerala

V.P.Sajithadevi Vs the State of Kerala and Others

Chellamma Vs State of Kerala

Basil Syam Vs the Registrar, Kerala University of Health Sciences

Muhammed Iqbal Vs the Secretary, Karumaloor Grama Panchayath