Disposed

Sathyadevan K v. the Regional Project Director

Kerala HC18 Dec 2020WP(C)/19193/2020

Case brief

AI extract

What is this about?

In this writ petition, a contractor sought directions for the release of a performance security amount and to consider a representation regarding pressure testing procedures.

What did the court decide?

Petition disposed based on claim that ₹1.87 lakh released to Panchayat. Direction given to 1st respondent to consider petitioner's representation on pressure testing within six weeks. 4th respondent d

Sathyadevan K Vs the Regional Project Director — Service and Employment | Kerala HC (2020)

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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 N.NAGARESH

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FRIDAY, THE 18TH DAY OF DECEMBER 2020/27TH AGRAHAYANA, 1942

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WP(C).No.19193 OF 2020(Y)

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PETITIONERS:

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SATHYADEVAN K, AGED 63 YEARS KRISHNALAYAM, MUNDAKAL EAST, KOLLAM-691 001.

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BY ADVS. SRI.S.SANTHOSH KUMAR SMT.ANJANA.S.SANTHOSH

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RESPONDENTS:

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1 THE REGIONAL PROJECT DIRECTOR, KERALA RURAL WATER SUPPLY AND SANITATION AGENCY (KRWSA), JALANIDHI, REGIONAL PROJECT MANAGEMENT UNIT, 2ND FLOOR, UMK TOWER, JUBILEE ROAD, UPHILL, MALAPPURAM-676 505.

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2 THE SENIOR ENGINEER, KERALA RURAL WATER SUPPLY AND SANITATION AGENCY (KRWSA), JALANIDHI, VELLANGALLUR GRAMA PANCHAYATH, KONNATHUKKUNNU P.O., THRISSUR, PIN-680 123.

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3 THE PROJECT COMMISSIONER, GRAMA PANCHAYATH LEVEL SUPPORT TEAM (GPST), VELLANGALLUR GRAMA PANCHAYATH OFFICE, KONNATHUKKUNNU P.O.THRISSUR, PIN-680 123.

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4 THE SECRETARY, JALANIDHI JALAVITHARANA SCHEME LEVEL COMMITTEE, VELLANGALLUR GRAMA PANCHAYATH, KONNATHUKKUNNU P.O., THRISSUR, PIN-680 123.

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R1 BY ADV. SRI.D.KISHORE SRI. MURALEEKRISHNAN GOVERNMENT PLEADER SMT. RASHMI K.M.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.19193/2020

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 18^th day of December, 2020

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This writ petition has been filed by the petitioner

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who has undertaken certain contract works on behalf of the respondents, seeking to disburse balance performance security amount of ₹1,87,000/- to the petitioner. The petitioner has also sought to direct the 1^st respondent to consider and pass orders on Ext.P3 representation after hearing the petitioner and permitting him to adduce evidence on conduction of pressure testing of laid pipes.

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When this writ petition came up for hearing today, learned Standing Counsel appearing for the 1^st respondent submitted that the personal security guarantee amount of ₹1,87,000/- has already been released to the Grama Panchayat and the Grama Panchayat will be releasing the

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WP(C) No.19193/2020

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: 3 :

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said amount to the 4^th respondent, from whom the petitioner can receive the money. As regards the balance amount of about ₹8 lakhs claimed by the petitioner, the learned counsel for the petitioner submitted that the amount has been withheld for the alleged non-conduction of pressure test.

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The counsel for the petitioner would submit that pressure test has already been conducted and the petitioner has evidence in his possession to establish this fact. The petitioner therefore submits that a direction be given to the Regional Project Director to consider Ext.P3 representation giving an opportunity of hearing to the petitioner.

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Heard.

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Taking into account the submissions made above, the writ petition is disposed of recording the submission made by the 1^st respondent that amount of ₹1,87,000/- has been released to the Grama Panchayat for payment to the petitioner and directing the 1^st respondent to consider Ext.P3 representation with notice to the petitioner and pass appropriate orders thereon within a period of six weeks. The

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WP(C) No.19193/2020

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: 4 :

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4^th respondent shall release the performance security

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guarantee to the petitioner without further delay as soon as it is received by them.

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Sd/-

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N. NAGARESH, JUDGE

aks/18.12.2020

WP(C) No.19193/2020

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APPENDIX

PETITIONERS EXHIBITS:

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EXHIBIT P1 TRUE COPY OF AGREEMENT NO.1/2014 15/VLGUR-PKG-1/WSS-CWSS-RPMU/MPM DATED 29.12.2014 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT EXHIBIT P1 (A) TRUE COPY OF SUPPLEMENTAL AGREEMENT NO.2(2)/2014-15/VLGUR-PKG-1/WSS-CWSSRPMU/MPM DATED 27.4.2016 EXECUTED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER NO:KRWSAMLPM/3172/2017-MT-2 DATED 21.4.2018 PASSED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 15.6.2020 OF THE PETITIONER TO THE 1ST RESPONDENT

Sathyadevan K v. the Regional Project Director

Case brief

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Sathyadevan K v. the Regional Project Director

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