Single judge in Kerala HC directed respondent authorities to consider petitioner's representation regarding executed works and verify facts with notice within two months.
Directions to 2nd respondent to take up P13 representation, verify facts with notice to petitioner and decide within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 24TH DAY OF JANUARY 2020 / 4TH MAGHA, 1941
WP(C).No.102 OF 2020(K)
PETITIONER:
P.Y.PEEYOOS, AGED 60 YEARS S/O. YOHANNAN, CONTRACTOR, NEW PIOUSE ELECTRICAL WORKS, KOOVAPPADY P.O., PERUMBAVOOR-VIA,ERNAKULAM DISTRICT,PIN-683 544
BY ADVS.
SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH
RESPONDENTS:
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GP. SHRI. SYAMJI RAM
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 24th day of January 2020
This writ petition is filed seeking the following prayers:
i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 5th respondent to prepare the bill for the entire works executed by the petitioner in connection with the Agreement No.72/17-18 dated 28.11.2017 executed with the 3rd respondent, in the light of Ext.s P3 and P10 minutes, forthwith, at any rate within a time frame, as may be fixed by this Hon'ble Court;
ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd and 3rd respondents to consider and dispose of Ext.P13 representation, forthwith;
learned Standing Counsel appearing for the Kerala Water Authority.
the petitioner had executed the work for the Authority and had completed the same. It is submitted that on certain disputes being raised with regard to the completion of the work, communications had occurred between the petitioner and the Water Authority and that a retired Electrical Engineer from the Kerala State Electricity Board has
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been engaged by the Water Authority to verify the electrical works done by the petitioner. The learned counsel for the petitioner submits that Ext.P13 representation has been preferred before the 2nd respondent.
In the above view of the matter, there will be a direction to the 2nd respondent to take up Ext.P13 representation preferred by the petitioner, verify the factual aspects of the matter with notice to the petitioner and decide on the entire aspects with regard to the work executed by the petitioner vide agreement dated 28.11.2017. Orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE SELECTION NOTICE NO.A2- 2894/2013 DATED 11/2017 ISSUED BY THE 3RD RESPONDENT |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ACCEPTED SCHEDULE OF WORK, INVOLVED IN AGREEMENT NO.72/17-18 DATED 28.11.2017 |
| EXHIBIT P3 | TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 14.1.2019 IN THE CHAMBER OF THE 3RD RESPONDENT |
| EXHIBIT P4 | TRUE COPY OF THE PROCEEDINGS DATED 12.3.2019 OF M/S. JOS POWER CONTROLS, ADDRESSED TO THE 6TH RESPONDENT |
| EXHIBIT P5 | TRUE COPY OF THE REPRESENTATION DATED 16.7.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT |
| EXHIBIT P6 | TRUE COPY OF THE REPRESENTATION DATED 2.8.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT |
| EXHIBIT P7 | TRUE COPY OF THE LETTER DATED 9.10.2019 ISSUED BY THE 5TH RESPONDENT |
| EXHIBIT P8 | TRUE COPY OF THE LETTER DATED 23.10.2019 ISSUED BY THE 5TH RESPONDENT |
| EXHIBIT P9 | TRUE COPY OF THE LETTER DATED 13.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT |
| EXHIBIT P10 | TRUE COPY OF THE MINUTES OF THE MEETING DATED 22.10.2019, HELD IN THE CHAMBER OF THE 2ND RESPONDENT |
| EXHIBIT P11 | TRUE COPY OF THE LETTER DATED 14.11.2019 ISSUED BY THE 5TH RESPONDENT |
| EXHIBIT P12 | TRUE COPY OF THE EXPLANATION DATED 22.11.2019 OFFERED BY THE PETITIONER BEFORE THE 5TH RESPONDENT |
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EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 25.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS
RESPONDENT'S EXHIBITS: NIL
2 issues framed by the court
Whether the lower authorities were directed to consider the petitioner's representation regarding work executed under Agreement No.72/17-18.
Whether the authorities were directed to verify factual aspects with notice and decide the matter within two months.
P.Y.Peeyoos
Kerala Water Authority
Superintending Engineer, Kerala Water Authority
Executive Engineer, Kerala Water Authority
Assistant Executive Engineer, Kerala Water Authority
Assistant Engineer, Kerala Water Authority
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
