Disposed

Maitheenkunju P.S. v. Kerala State Housing Board

Kerala HC22 Oct 2019WP(C)/15822/2019

Case brief

AI extract

What is this about?

The petitioner, a contractor, approached the court for a direction to pay final dues from a civil work executed for the Higher Education Department via Kerala State Housing Board, alleging fund unavailability by the State.

What did the court decide?

Directing the first respondent to effect the admitted payments due to the petitioner within two weeks from the date of receipt of a copy of this judgment.

Maitheenkunju P.S. Vs Kerala State Housing… — Contract and Commercial Disputes | Kerala HC (2019)

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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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TUESDAY, THE 22ND DAY OF OCTOBER 2019 / 30TH ASWINA, 1941

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WP(C).No.15822 OF 2019(C)

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PETITIONER:

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MAITHEENKUNJU P.S. AGED 44 YEARS S/O P.M.SAIDU MUHAMMED, PROPRIETOR, M/S. D AND C BUILDERS ANDN DEVELOPERS PUTHIRIKANDATHIL HOUSE, VENDUVAZHY, KOTHAMANGALAM P.O., ERNAKULAM-686 691.

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BY ADVS. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY SRI.T.ANCY SMT.N.B.FATHIMA SULFATH SMT.K.BINCYMOL

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RESPONDENTS:

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1 KERALA STATE HOUSING BOARD REPRESENTED BY ITS SECRETARY, THAMPANOOR MASJID ROAD, SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM, KERALA-695 001.

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2 THE REGIONAL ENGINEER KERALA STATE HOUSING BOARD, KOZHIKODE-673006.

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3 THE EXECUTIVE ENGINEER KERALA STATE HOUSING BOARD, KOZHIKODE DIVISION, CHAKKORATHKULAM, KOZHIKODE-673 006.

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4 ADDL.R4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT (FINANCE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. ADDL.R4 IMPLEADED AS PER ORDER DATED 30/08/2019 IN I.A.NO.1/2019 IN WP(C)15822/2019.

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R1-3 BY SRI.K.DENNY DEVASSY, SC, K.S.H.B.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15822 OF 2019(C)

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W.P.(C) No.15822 of 2019

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J U D G M E N T

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The petitioner is a contractor. He has executed a civil work for the Higher Education Department of the State Government through the Kerala State Housing Board. The case of the petitioner is that though the work entrusted to him has been executed satisfactorily during July 2018, the final payment in respect of the work is yet to be effected. It is stated by the petitioner that the final payment due to the petitioner is not effected since funds sufficient for the same have not been made available by the State Government to the Kerala State Housing Board. The petitioner, therefore seeks appropriate directions in this regard, in the writ petition.

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Learned Government Pleader, on

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instructions, submitted that the funds required for effecting final payments due to the petitioner have already been provided by the State Government to the

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WP(C).No.15822 OF 2019(C)

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first respondent, the Kerala State Housing Board.

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In the circumstances, the writ petition is disposed of directing the first respondent to effect the admitted payments due to the petitioner in respect of the work executed by him, within two weeks from the date of receipt of a copy of the judgment.

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Sd/P.B.SURESH KUMAR, JUDGE.

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WP(C).No.15822 OF 2019(C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE PHOTOCOPY OF THE PETITIONER AND THE 3RD RESPONDENT DATED 6.3.2017.

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EXHIBIT P2 TRUE PHOTOCOPY OF THE CONTRACT CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, KERALA STATE HOUSING BOARD, KOZHIKODE.

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EXHIBIT P3 TRUE PHOTOCOPY OF THE PART III MEMORANDUM OF PAYMENTS ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE PHOTOCOPY OF COMPLETION CERTIFICATE DATED 4.6.2019.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R1 TRUE COPY OF ORDER IN G.O.(Rt) NO.482/2016/HR.EDN.DATED 17/2/2016 EXHIBIT R2 TRUE COPY OF AGREEMENT DATED 10/1/2017 ENTERED INTO BETWEEN KOZHIKODE DISTRICT LIBRARY COUNCIL AND KSHB. EXHIBIT R3 TRUE COPY OF NOTICE INVITING TENDER ISSUED BY THE GOVERNMENT OF KERALA DATED 17/2/2017 EXHIBIT R4 TRUE COPY OF LETTER NO.AE/CONS.WORK/CENT.LIBR/2017 DATED 29/6/2017 ISSUED BY THE ASSISTANT ENGINEER,KSHB TO THE PETITIONER.

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EXHIBIT R5 TRUE COPY OF LETTER NO.D23167/LIBRAR/2016-VOL.11 DATED 5/7/2017 ISSUED BY THE CHIEF ENGINEER TO THE PETITIONER.

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EXHIBIT R6 TRUE COPY OF ORDER NO.DB/254/2016 DATED 2/2/2018 ISSUED BY THE 2ND RESPONDENT.

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WP(C).No.15822 OF 2019(C)

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EXHIBIT R7	TRUE COPY OF REQUEST MADE BY THE PETITIONER ON 14/5/2018 TO THE 3RD RESPONDENT.
EXHIBIT R8	TRUE COPY OF LETTER NO.D2- 3167/LIBRARY/2016 VOL.11 DATED 6/6/2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
EXHIBIT R9	TRUE COPY OF LETTER NO.D2/3167/LIBRARY/2016 VOL.11 DATED 27/6/2018 ISSUED BY THE 3RD RESPONDENT TO THE SECRETARY, DISTRICT LIBRARY COUNCIL.
EXHIBIT R10	TRUE COPY OF ORDER NO.DB/254/2016 DATED 22/10/2018 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT R11	TRUE COPY OF LETTER NO.D2- 3167/LIBRARY/2016 VOL.11 DATED 4/10/22018 ISSUED BY THE 3RD RESPONDENT TO THE CHIEF ENGINEER, KSHB
EXHIBIT R12	TRUE COPY OF LETTER NO.D2/3167/LIBRARY/2016.VOL.11 DATED 4/1/2019 ISSUED BY THE 3RD RESPONDENT TO THE SECRETARY, DISTRICT LIBRARY COUNCIL.
EXHIBIT R13	TRUE COPY OF LETTER DATED 11/2/2019 ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT TO THE SECRETARY, KERALA STATE LIBRARY COUNCIL.
EXHIBIT R14	TRUE COPY OF ORDER IN G.O.(Rt) NO.9864/2018/FIN DATED 30/11/2018.
EXHIBIT P14(a)	TRUE COPY OF UTILIZATION CERTIFICATE TO CHIEF PLANNER (HOUSING) DATED 28/1/2019
EXHIBIT R14(b)	TRUE COPY OF LETTER NO.C1/835/2016/HC DATED 12/2/2019 ISSUED BY THE CHIEF PLANNER (HOUSING) TO THE CHIEF ENGINEER, KSHB.
EXHIBIT R15	TRUE COPY OF LETTER NO C1-835/2016/HC

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WP(C).No.15822 OF 2019(C)

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DATED 3/4/2019 ISSUED BY THE CHIEF PLANNER (HOUSING) TO THE CHIEF ENGINEER, KSHB.

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EXHIBIT R16 TRUE COPY OF LETTER NO.T-92/2014.C/HB DATED 25/4/2019 ISSUED BY THE CHIEF ENGINEER, KSHB TO THE HOUSING COMMISSIONER

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EXHIBIT R17 TRUE COPY OF LETTER NO.T-92/2014/C/HB DATED 13/5/2019 ISSUED BY THE DEPUTY CHIEF ENGINEER,KSHB

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EXHIBIT R18 TRUE COPY OF LETTER NO.C1/835/2016/HC DATED 22/5/2019 ISSUED BY THE HOUSING COMMISSIONER TO THE CHIEF ENGINEER,KSHB

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EXHIBIT R19 TRUE COPY OF LETTER NO.T-92/2014/C/HB DATED 30/5/2019 ISSUED BY THE CHIEF ENGINEER, KSHB TO THE ADDITIONAL CHIEF SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM.

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\TRUE COPY//

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PA TO JUDGE

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Maitheenkunju P.S. v. Kerala State Housing Board

Case brief

What is this about?

What did the court decide?

Maitheenkunju P.S. v. Kerala State Housing Board

Case brief

What is this about?

What did the court decide?

What the court decided

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