Petitioner sought release of retained security and EMD amounts after the Government decided to drop a tendered contract for constructing a warehouse. The Court directed the respondents to release the deposits within two months.
Direction to release Earnest Money Deposit (EMD) and security deposit within two months from receipt of the judgment copy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 14TH DAY OF DECEMBER 2017/23RD AGRAHAYANA, 1939
WP(C).No. 14224 of 2017 (C)
PETITIONER:
M/S. AKR CONSTRUCTIONS, 6/1200 T, RBG ARCADE, OPPOSITE GANDHI PARK, CHEROOTY ROAD, CALICUT-673 032. REPRESENTED BY ITS PROPRIETOR, A.K. RATHEESH.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FISHERIES AND PORTS DEPARTMENT, THIRUVANANTHAPURAM.
2. SUPERINTENDING ENGINEER, HARBOUR ENGINEERING (NORTH) CIRCLE, KOZHIKODE, PIN-673 006
3. CHIEF ENGINEER, HARBOUR ENGINEERING DEPARTMENT, THIRUVANANTHAPURAM-9
4. THE PORT OFFICER, PORT OFFICE, P.O. BOX NO. 1108, BEACH ROAD, KOZHIKODE-673 032
R1 TO R4 BY GOVERNMENT PLEADER SMT. PRINCY XAVIER. R5 BY ADVS. SRI.K.MOHANAKANNAN SRI.T.S.NEJIMUDDIN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 14224 of 2017 (C)
APPENDIX
PETITIONER'S EXHIBIT
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PA TO JUDGE
PBS
SHAJI P. CHALY, J.
W.P.(C). No. 14224 OF 2017
Dated this the 14th day of December, 2017
JUDGMENT
This writ petition is filed by the petitioner, who has
secured a contract for the construction of a warehouse at
Azhikkal Port, Kannur, seeking the following reliefs:-
affidavit in detail stating that the dredged sand could not
be removed from the site in question, in order to enable
W.P.(C). No. 14224 of 2017
2
the petitioner to carry on with the construction due to various hurdles. It is also stated thereunder that consequent to the developments that have taken place, petitioner was directed to submit extension application for extending the period of the contract. However, today when the matter is taken up, learned counsel for the petitioner submitted that in a joint meeting the Government is convinced that no construction is possible in the site in question and accordingly, the proposal for construction and the award of the contract is dropped.
W.P.(C). No. 14224 of 2017
3
and the security deposit, at the earliest possible time, and at any rate, within two months from the date of receipt of
a copy of this judgment.
The writ petition is disposed of, accordingly.
SHAJI P. CHALY JUDGE
DCS
2 issues framed by the court
Whether security deposit and Earnest Money Deposit (EMD) retained after dropping the tender/project could be released.
Whether the petitioner should be directed for the release of EMD and security deposit within a specified time.
M/S. AKR CONSTRUCTIONS
STATE OF KERALA
SUPERINTENDING ENGINEER, HARBOUR ENGINEERING (NORTH) CIRCLE
CHIEF ENGINEER, HARBOUR ENGINEERING DEPARTMENT
THE PORT OFFICER
KERALA STATE MARITIME DEVELOPMENT CORPORATION
SHAJI P CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
