Disposed

Shaji Mathew, v. the Chief Engineer

Kerala HC17 Jul 2019WP(C)/4661/2019

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a contractor, sought issuance of a Completion Certificate which was not granted, preventing bill settlement. The High Court directed the Chief Engineer to secure government approval within a month and direct the Executive Engineer to consider the completion certificate request.

What did the court decide?

Direction to the 1st respondent to secure Government approval within one month and the 2nd respondent to consider the Completion Certificate request thereafter.

Shaji Mathew, Vs the Chief Engineer — 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 SHAJI P.CHALY

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WEDNESDAY, THE 17TH DAY OF JULY 2019 / 26TH ASHADHA, 1941

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WP(C).No.4661 of 2019

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PETITIONER/S:

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SHAJI MATHEW, AGED 46 YEARS PALATHRA HOUSE, THURUTHY P.O, KOTTAYAM.

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BY ADV. SRI.M.JITHESH MENON

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RESPONDENT/S:

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1 THE CHIEF ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY (KSRRDA),

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5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM 03.

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2 THE EXECUTIVE ENGINEER, PROGRAMME IMPLEMENTATION UNIT (PIU), PATHANAMTHITTA DISTRICT PANCHAYAT, STADIUM JUNCTION, PATHANAMTHITTA 689 645.

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3 THE COMMISSIONER OF RURAL DEVELOPMENT, COMMISSIONERATE OF RURAL DEVELOPMENT, SWARJ BHAWAN, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM 03.

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SMT.RASHMI.K.M, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.4661 of 2019 2

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JUDGMENT

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Petitioner is a Category-A contractor, who was engaged by the respondents. According to the petitioner, the work is completed in all respects, however a Completion Certificate is not issued, which is causing serious repercussion and the petitioner is unable to secure the bill amount from the respondents.

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A counter affidavit is filed by the 2^nd

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respondent and while traversing through the contentions raised by the petitioner, it is also stated that, the Completion certificate can be issued as requested by the petitioner after securing approval from the Government regarding the work.

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Having heard learned counsel for the

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petitioner and the learned Government Pleader, there will be a direction to the 1^st respondent to

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ensure that the issue with respect to the approval

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WP(C).No.4661 of 2019 3

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from the Government in respect of the work carried out by the petitioner is sorted out within a month, and if and when any approval is issued, the request made by the petitioner for issuance of the Completion Certificate shall be considered by the 2^nd respondent in accordance with law, and take a decision at the earliest possible.

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The writ petition is disposed of, accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

hmh

WP(C).No.4661 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 16-07-2018 IN WPC NO. 23553 OF 2018 EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 03-08-2018. EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 03-10-2018 ADDRESSED TO THE 2ND RESPONDENT EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 15-10-2018. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 24-01-2019 ADDRESSED TO THE 3RD RESPONDENT.

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RESPONDENT'S/S EXHIBITS: NIL

Shaji Mathew, v. the Chief Engineer

Case brief

What is this about?

What did the court decide?

Shaji Mathew, v. the Chief Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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