Disposed

Thoppil Contrators (India)Private Limited v. the State of Kerala

Kerala HC15 Jun 2017WP(C)/9042/2017

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking relief regarding delayed payment for temporary works executed for a Prime Minister's visit. The court directed the Chief Engineer to decide on the petitioner's representation after an opportunity of hearing within one month.

What did the court decide?

Direction to the fourth respondent to take a decision on the petitioner's representation after an opportunity of hearing within one month.

Thoppil Contrators (India)Private Limited Vs… — 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 P.B.SURESH KUMAR

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THURSDAY, THE 15TH DAY OF JUNE 2017/25TH JYAISHTA, 1939

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WP(C).No. 9042 of 2017 (E)

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PETITIONER(S) :

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THOPPIL CONTRACTORS (INDIA)PRIVATE LIMITED, THOPPIL BUILDINGS, THOLIKUZHY, ADAYAMON.P.O, KILIMANOOR, THIRUVANANTHAPURAM-695 614, REPRESENTED BY ITS MANAGING DIRECTOR, NIZAMUDEEN.

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BY ADV. SRI.AJITH KRISHNAN

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RESPONDENT(S) :

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1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE ADDITIONAL CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3. THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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4. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT(ROADS AND BRIDGES), PUBLIC OFFICE, THIRUVANANTHAPURAM-33.

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5. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT(ROADS AND BRIDGES), (SC) PUBLIC OFFICE,THIRUVANANTHAPURAM-33.

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6. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION,THIRUVANANTHAPURAM-33.

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BY GOVERNMENT PLEADER SRI. SURIN GEORGE IPE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 9042 of 2017 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT.P1 TRUE COPY OF THE SCHEDULE OF WORK ISSUED BY THE 5TH RESPONDENT.

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EXT.P2 TRUE COPY OF THE ADMINISTRATIVE SANCTION ISSUED BY THE TENDER COMMITTEE OF THE GOVERNMENT OF KERALA FOR THE WORK.

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EXT.P3 TRUE COPY OF THE REPORT ISSUED BY THE 4TH RESPONDENT. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 20.01.2017 SUBMITTED BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

P.B.SURESH KUMAR, J.

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= = = = = = = = = = = = = = =

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W.P.(C).No.9042 of 2017-E.

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= = = = = = = = = = = = = = =

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Dated this the 15^th day of June, 2017.

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J U D G M E N T

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The petitioner is a contractor. They have executed certain temporary works in connection with the visit of Prime Minister during 2015 at Sivagiri. The grievance of the petitioner concerns the inaction on the part of the respondents in disbursing the amounts due in respect of the said works.

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The learned Government Pleader, on instructions, submits that the petitioner has not executed the works in full and that the amounts can be released to the petitioner only when they complete the works.

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The learned counsel for the petitioner asserts that the petitioner has completed the entire works and that the instructions given to the learned Government Pleader by the respondents concerned is incorrect. However, in the light of the submission made by the learned Government Pleader, the learned counsel for the petitioner only prays for a direction to the fourth respondent to take a decision on Ext.P4 representation

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W.P.(C).No.9042/2017-E.

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preferred by the petitioner in this connection.

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In the circumstances, the writ petition is disposed of directing the fourth respondent to take a decision on Ext.P4 representation preferred by the petitioner, after affording the petitioner an opportunity of hearing, within one month from the date of receipt of a copy of this judgment.

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Sd/- P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Thoppil Contrators (India)Private Limited v. the State of Kerala

Case brief

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Thoppil Contrators (India)Private Limited v. the State of Kerala

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