Disposed

Rejimon a.T., v. Superintending Engineer

Kerala HC8 Dec 2020WP(C)/27324/2020

Case brief

AI extract

What is this about?

Petitioner challenged termination of construction agreement and threat of license cancellation. Court directed the Chief Engineer to consider a specific representation after hearing and refrain from coercive action pending orders.

What did the court decide?

Direction to 5th respondent to consider Ext.P10(a) representation after hearing and pass orders within three weeks; coercive action based on Ext.P9 stayed pending.

Rejimon a.T., Vs Superintending Engineer — Contract and Commercial Disputes | 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 SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 08TH DAY OF DECEMBER 2020 / 17TH AGRAHAYANA, 1942 WP(C).No.27324 OF 2020(M)

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PETITIONER:

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REJIMON A.T., AGED 52 YEARS, S/O. THAMPAN, ARAMPILLI HOUSE, MANGATTOR, KOLENCHERY P.O, ERNAKULAM-682 311.

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BY ADVS. SRI.P.SATHISAN SMT.KRISHNA.G.NATH SMT.DONA AUGUSTINE

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RESPONDENTS:

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1 SUPERINTENDING ENGINEER, P.W.D.ROADS, CENTRAL CIRCLE, ALUVA P.O, PIN-683 101.

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2 THE EXECUTIVE ENGINEER, PWD ROAD DIVISION, CHEMBUKKAVU, THRISSUR P.O, PIN-680 020.

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3 THE ASSISTANT EXECUTIVE ENGINEER,

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OFFICE OF THE ASST. EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, IRINGALAKKUDA P.O, PIN-680 121.

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4 THE ASSISTANT ENGINEER, OFFICE OF THE ASSISTANT ENGINEER, PWD ROADS DIVISION, CHALAKUDY P.O, PIN-680 307

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5 THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PWD ROADS AND BRIDGES, PMG JUNCTION P.O., THIRUVANANTHAPURAM-695 033.

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6 THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM P.O., PIN-695 001.

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BY ADV. SMT.VINITHA.B., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27324 OF 2020(M)

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JUDGMENT

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The petitioner is aggrieved by the termination of the agreement for construction of Koratty-Naalukettu Road executed by the petitioner with the Superintending Engineer has been terminated stating that the balance work will be rearranged at the risk and cost of the Contractor. It is also stated that the licence of the petitioner would be cancelled in accordance with clause 2116.2 of Kerala PWD Manual, 2012.

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2. According to the petitioner, the work was not delayed on account of his fault. Pointing out this, petitioner has submitted Ext.P10(a) representation before the Chief Engineer.

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3. The learned counsel for the petitioner submits that petitioner would be satisfied with a direction to the 5^th respondent to

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WP(C).No.27324 OF 2020(M)

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consider the same.

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Therefore the writ petition is disposed of directing the 5^th respondent to consider Ext.P10(a) representation, after affording an opportunity of hearing to petitioner and to pass orders, within a period of three weeks from the date of receipt of a copy of the judgment. Till such time, no coercive action shall be taken against petitioner based on Ext.P9.

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Accordingly, the writ petition is

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disposed of. Sd/-

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P.V.ASHA JUDGE

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WP(C).No.27324 OF 2020(M)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE LICENSE ISSUED TO THE PETITIONER.
EXHIBIT P2	TRUE COPY OF RELEVANT EXTRACT OF AGREEMENT BETWEEN THE PETITIONER WITH 1ST RESPONDENT DATED 31.01.2018.
EXHIBIT P3	TRUE COPY OF THE RELEVANT EXTRACT OF INITIAL LEVEL PROPOSAL DATED 20.06.2019.
EXHIBIT P4	TRUE COPY OF THE APPROVAL LETTER OF REVISED ESTIMATE DATED 24.12.2019.
EXHIBIT P5	TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO 1ST RESPONDENT DATED 29.06.2020.
EXHIBIT P5(A)	TRUE COPY OF THE LETTER ISSUED BY DISTRICT SURVEY SUPERINTENDENT TO 4TH RESPONDENT DATED 25.11.2019.
EXHIBIT P6	TRUE COPY OF LETTER ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 30.10.2020.
EXHIBIT P6(A)	TRUE COPY OF ENVELOP CONTAINED EXHIBIT P6.
EXHIBIT P7	TRUE COPY OF LETTER ISSUED BY THE 1ST
	RESPONDENT TO THE PETITIONER DATED 11.11.2020.
EXHIBIT P8	TRUE COPY OF EMAIL SUBMISSION OF REQUEST OF PETITIONER BEFORE THE 4TH RESPONDENT DATED 20.11.2020.
EXHIBIT P8(A)	TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 23.11.2020 ALONG WITH ITS ENVELOP.
EXHIBIT P9	TRUE COPY OF ORDER ISSUED BY 1ST RESPONDENT DATED 23.11.2020.
EXHIBIT P10	TRUE COPY OF THE EMAIL REQUEST LETTER
	ISSUED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 02.12.2020.

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WP(C).No.27324 OF 2020(M)

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EXHIBIT P10(A)	TRUE ISSUE RESPO	COPY D BY NDENT	OF THE DATE	THE EMAIL PETITIONER D 04.12.2020	REQUEST BEFORE .	LETTER THE 4TH
EXHIBIT P11	TRUE MANUA	COPY L.	OF T	HE RELEVANT	EXTRACT	OF PWD
EXHIBIT P12	TRUE MAJEU	COPY RE	OF CLAU	RELEVANT EX SE NOTIF	TRACT OF ICATION	FORCE DATED
	13.05	.2020	.

Rejimon a.T., v. Superintending Engineer

Case brief

What is this about?

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Rejimon a.T., v. Superintending Engineer

Case brief

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