Partly allowed

M/S.Lurdh Matha Constructions, v. Superintendng Engineer

Kerala HC4 Jun 2019WP(C)/9946/2019

Case brief

AI extract

What is this about?

Petitioner seeking relief from work due to respondent inaction. Court directed 1st respondent to consider petitioner's pending grievance submissions within one month, providing hearing opportunity, without expressing opinion on merits.

What did the court decide?

Direction to 1st respondent to finalize petitions P4 and P5 within one month of receiving judgment copy after providing opportunity of hearing and participation to the petitioner.

M/S.Lurdh Matha Constructions, Vs Superintendng Engineer — Service and Employment | 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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TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941

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WP(C).No. 9946 of 2019

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PETITIONER/S:

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M/S.LURDH MATHA CONSTRUCTIONS,

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REPRESENTED BY JOMON MATHEW, S/O.MATHEW, AGED 45 YEARS, MANAGING PARTNER, LURDH MATHA CONSTRUCTIONS MURICKASSERY P.O., IDUKKI DISTRICT, PIN-685604.

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BY ADVS.

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SRI.K.V.PAVITHRAN

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SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL

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RESPONDENT/S:

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1 SUPERINTENDNG ENGINEER, PWD, JUDICIAL BUILDINGS CIRCLE, ERNAKULAM, PWD

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COMPLEX, EDAPPALLY, KOCHI-682024.

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2 EXECUTIVE ENGINEER,

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PWD, BUILDINGS DIVISION, IDUKKI, PIN-685603.

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3 ASSISTANT ENGINEER, PWD, BUILDINGS SECTION, VANDANMEDU, KATTAPANA, IDUKKI DISTRICT, PIN-685551.

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4 CHIEF ENGINEER, PWD, BUILDINGS, THIRUVANANTHAPURAM-695004.

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5 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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R1 TO R5 BY SMT. B VINITHA, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9946 of 2019

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JUDGMENT

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Petitioner was awarded a work, evident from

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Ext.P1 work order dated 15.09.2018. According to the petitioner, there are numerous aspects to be provided by the respondents in order to carry on with the work and the respondents have not taken any action enabling the petitioner to go ahead with the work as per Ext.P1 work order.

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Now, the relief sought for by the petitioner is

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direction to relieve the petitioner from the work. In order to ventilate the grievances, petitioner has submitted Exts.P4 and P5 before the 1^st respondent, which is pending consideration. In my considered view, a direction can be issued to finalize the same within a time frame.

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Having heard learned counsel for the petitioner

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and learned Government Pleader, there will be a direction to the 1^st respondent to finalize Exts.P4 and P5 at the earliest and at any rate, within a

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month from the date of receipt of a copy of this judgment, after providing an opportunity of hearing and participation to the petitioner. I also make it

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clear that the directions made above shall not be

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WP(C).No. 9946 of 2019

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construed as an expression of opinion on the merits

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of the matter or rival interest of the petitioner.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 04.06.2019

WP(C).No. 9946 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE VITAL PORTION OF AGREEMENT WITH SCHEDULE. EXHIBIT P2 TRUE COPY OF LETTER DATED 2/11/2018 OF PETITIONER TO 1ST RESPONDENT WITH COPY TO ITEMS. EXHIBIT P2 A TRUE COPY OF POSTAL ACKNOWLEDGEMENTS EXHIBIT P3 TRUE COPY OF LETTER DATED 23/11/2018 OF PETITIONER TO 1ST RESPONDENT WITH COPY TO THEM. EXHIBIT P3 A TRUE COPY OF POSTAL ACKNOWLEDGEMENTS. EXHIBIT P4 TRUE COPY OF LETTER DATED 20/12/2018 OF PETITIONER TO 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF LETTER POSTAL ACKNOWLEDGEMENTS. EXHIBIT P5 TRUE COPY OF LETTER POSTAL ACKNOWLEDGEMENTS. EXHIBIT P5 A TRUE COPY OF LETTER DATED 7/2/2019 OF PETITIONER TO 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF REPLY TO EXHIBIT-P5 OF 1ST RESPONDENT DATED 14/2/2018 EXHIBIT P7 TRUE COPY OF QUOTATION NOTICE FOR REMOVAL OF EARTH. EXHIBIT P7 A TRUE COPY OF CHALLANS DATED 19/3/2019 OF SUB TREASURY, PAINAVU.

M/S.Lurdh Matha Constructions, v. Superintendng Engineer

Case brief

What is this about?

What did the court decide?

M/S.Lurdh Matha Constructions, v. Superintendng Engineer

Case brief

What is this about?

What did the court decide?

What the court decided

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