The Kerala High Court disposed of a writ petition filed by a contractor seeking approval of floor tiles, directives against respondent officials, compensation for losses due to work suspension, and interim payments, after the petitioner submitted that an email approval was received, while leaving all factual and legal questions open.
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 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939
WP(C).No. 1758 of 2018
PETITIONER:
M/S. G.M.ENGINEERS & CONTRACTORS, PLOT NO.26, PURAPADATHIL HOUSE, VRINDAVANAM COLONY, VYTILLA, KOCHI-682019, A REGISTERED PARTNERSHIP, REPRESENTED BY ITS MANAGING PARTNER, GIBU P.MATHEW, PLOT NO.26, PURAPADATHIL HOUSE, VRINDAVANAM COLONY, VYTILLA, KOCHI-682019.
BY ADVS.SRI.K.BABU THOMAS SMT.MARYKUTTY BABU
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE CHIEF ENGINEER, PWD BUILDINGS, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM-695033.
3. THE SUPERINTENDING ENGINEER, PWD BUILDINGS, CENTRAL CIRCLE, THRISSUR-680020.
4. THE EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, THRISSUR-680001.
5. THE ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, THRISSUR-680001.
6. SMT.DEEPA T., EXECUTIVE ENGINEER, PWD, W/O GOPIKRISHNAN, ATRASERAYIL HOUSE, COLLEGE ROAD, MUVATTUPUZHA, -686661.
7. SRI.BABU T.T., ASSISTANT EXECUTIVE ENGINEER, PWD BUILDINGS DIVISION, THRISSUR-680001.
R1-R5 BY GOVERNMENT PLEADER SMT.VINITHA B.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 1758 of 2018 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1- | TRUE COPY OF THE RELEVANT PORTION OF AGREEMENT FOR THE WORKS. |
|---|---|
| EXHIBIT P2- | TRUE COPY OF I.S.15622:2006 DOWNLOADED. |
| EXHIBIT P3- | TRUE COPY OF LETTER OF THE TECHNICAL SPECIFICATION OF VITRIFIED TILES PUBLISHED IN THE PWD MANUAL, 2012. |
| EXHIBIT P4- | TRUE COPY OF LETTER OF THE PETITIONER TO THE 4TH RESPONDENT PRODUCING 6 SAMPLES OF TILES FOR APPROVAL. |
| EXHIBIT P5- | TRUE COPY OF LETTER OF THE 4TH RESPONDENT TO THE PETITIONER DIRECTING TO SUBMIT PREMIUM SAMPLES OF TILES. |
| EXHIBIT P6- | TRUE COPY OF REPRESENTATION OF THE PETITIONER TO THE 5TH RESPONDENT. |
| EXHIBIT P7- | TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 3RD RESPONDENT. |
| EXHIBIT P8- | TRUE COPY OF RECEIPT FOR RS.10,620/- FOR TESTING FEE OF KAJARIA K.1060 FLOOR TILE. |
| EXHIBIT P9- | TRUE COPY OF LETTER OF THE 4TH RESPONDENT POSTED ON 21/12/2017. |
| EXHIBIT P10- | TRUE COPY OF REPLY TO EXT.P6 OF THE 5TH RESPONDENT MARKET PRICE OF FLOOR TILES VARY FROM RS.400/- SQ.M. TO RS.1200/- SQ.M. |
| EXHIBIT P11- | TRUE COPY OF REPRESENTATION OF THE PETITIONER TO THE RESPONDENTS 3 TO 6. |
| EXHIBIT P12- | TRUE COPY OF REPRESENTATION OF THE PETITIONER TO THE 3RD RESPONDENT REQUESTING TO INTIMATE APPROVAL OF THE SAMPLE OF TILES. |
| EXHIBIT P13- |
TRUE COPY OF LETTER OF THE 4TH RESPONDENT TO THE PETITIONER CLAIMING INSTRUCTION OF THE 5TH RESPONDENT FOR PROCUREMENT OF K 6206 (OR K 6207) 600 MM X 600 MM KAJARIA TILES BEYOND SPECIFICATION. |
| EXHIBIT P14- | TRUE COPY OF LETTER OF THE 5TH RESPONDENT. |
| EXHIBIT P15- | TRUE COPY REPRESENTATION OF THE PETITIONER TO THE 4TH RESPONDENT. |
| EXHIBIT P16- | TRUE COPY COVERING LETTER OF THE PETITIONER TO THE 4TH RESPONDENT FORWARDING SAMPLE OF TILES |
| RESPONDENT(S)' | EXHIBITS |
| EXHIBIT R4(A) | TRUE COPY OF THE LETTER NO.A1-719/2013 DATED 18.2.2017 |
| EXHIBIT R4(B) | TRUE COPY OF THE AGREED RATE OF PROGRESS OF WORK |
| EXHIBIT R4(C) | TRUE COPY OF THE MEASUREMENT BOOK |
WP(C).No. 1758 of 2018 (T)
| EXHIBIT R4(D) | TRUE COPY OF THE LETTER DATED 5.12.2017 |
|---|---|
| EXHIBIT R4(E) | TRUE COPY OF THE LETTER DATED 14.12.2017 |
| EXHIBIT R4(F) | TRUE COPY OF THE LETTER NO.D3-PRICE/2/2014 DATED 30.12.2017 |
| EXHIBIT R4(G) | TRUE COPY OF THE DATE FOR PROVIDING AND LAYING VITRIFIED TILE |
| EXHIBIT R4(H) | TRUE COPY OF QUOTATION RECEIVED FROM KAJARIA TILE COMPANY |
| EXHIBIT R4(I) | TRUE COPY OF THE RECOMMENDATION LETTER GIVEN BY THE PRINCIPAL, MEDICAL COLLEGE, THRISSUR |
TRUE COPY
P.S. TO JUDGE
EL
SHAJI P. CHALY, J.
W.P.(C) No.1758 of 2018
Dated this the 22nd day of February, 2018
J U D G M E N T
This writ petition is filed by the petitioner, who is a contractor, secured a work in respect of construction in the Government Medical College Campus at Thrissur. The following reliefs are sought for by the petitioner;
W.P.(C) No. 1758 of 2018
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interim payment in the order of seniority of bills reckoning the respective date of completion of the works and to penalize the defaulters to compensate the losses caused.
W.P.(C) No. 1758 of 2018
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Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY JUDGE
smv 22.2.2018
1 issue framed by the court
Whether the relief sought in the writ petition stands redressed following an email communication received by the petitioner.
M/S. G.M. Engineers & Contractors
State of Kerala
Chief Engineer, PWD Buildings
Superintending Engineer, PWD Buildings
Executive Engineer, PWD Buildings Division
Assistant Executive Engineer, PWD Buildings Sub Division
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
