Disposed

G. Somsekharan Nair v. State of Kerala

Kerala HC1 Mar 2017WP(C)/3298/2017

Case brief

AI extract

What is this about?

A writ petition filed by a PWD contractor seeking payment for completed work. The court directed the respondents to pay 30% immediately and the balance in monthly installments if funds are available.

What did the court decide?

30% of the outstanding amount to be paid on or before 31.03.2017 and the balance amount in two equated monthly installments starting from 15.04.2017, contingent on fund availability.

G. Somsekharan Nair Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938

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WP(C).No. 3298 of 2017 (J)

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PETITIONER(S) :

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G. SOMASEKHARAN NAIR, PWD CONTRACTOR, TC 41/1115 , M.P.NILAYAM, MANACAUD P.O, THIRUVANANTHAPURAM-695 009.

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY ADDITIONAL AND CHIEF SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT(ROADS AND BRIDGES), PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033.

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3. THE SUPERINTENDING ENGINEER, ROADS AND BRIDGES (SC), NANDHAVANAM, THIRUVANANTHAPURAM-33,

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4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS DIVISION), P.M.G JUNCTION, THIRUVANANTHAPURAM-695 033.

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BY SR. GOVERNMENT PLEADER SMT. K.R.DEEPA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 3298 of 2017 (J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE SELECTION NOTICE DATED 03/05/2016 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO. GO(MS)NO.59/2015/PWD, DATED 03/07/2015, ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER NO. DB-4-3863/2015 DATED 03/05/2016, BY THE 3RD RESPONDENT.

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EXHIBIT P4 TRUE COPY OF THE RUNNING ACCOUNT BILL SUBMITTED BY THE PETITIONER WITH THE APPROVAL OF THE 3RD AND 4TH RESPONDENTS.

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EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 15/12/2016 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

SHAJI P. CHALY, J.

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W.P.(C). NO. 3298 OF 2017

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Dated this the 01^st day of March, 2017

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JUDGMENT

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Petitioner is a PWD contractor. He undertook the work

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of Nemom LAC - One time improvement scheme -providing 40mm BM and allied works etc., etc. Petitioner executed and completed the work within the stipulated time. Same is an urgent special work arranged on quotation basis. Administrative sanction and technical sanction was accorded by the respondent. The total bill amount comes to Rs. 57,58,457/-. According to the petitioner, petitioner has carried out the work by borrowing money from the bank and therefore lot of financial constraints are involved so far as the petitioner is concerned and if the amounts are not paid innumerable consequences will be caused to the petitioner. These are the background facts projected to secure the reliefs sought for in the writ petition.

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Heard learned counsel for the petitioner and learned Senior Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

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W.P.(C). NO. 3298 OF 2017 2

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The amount due to the petitioner as claimed in

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the writ petition is not disputed by the respondents. According to the petitioner, the entire fund is available with the respondents so as to release the same to the petitioner on or before 31.03.2017. However, learned Government Pleader expressed serious doubt over the said submission made by the petitioner. Anyhow, if there is fund available in respect to the work with the respondents, the same shall be released to the petitioner on or before 31.03.2017. However, at any rate 30% of the amount outstanding shall be paid to the petitioner on or before 31.03.2017 and the balance amount in two equated monthly installments starting from 15.04.2017.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

G. Somsekharan Nair v. State of Kerala

Case brief

What is this about?

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G. Somsekharan Nair v. State of Kerala

Case brief

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