Allowed

Mathew M.Nettady v. State of Kerala

Kerala HC24 Feb 2020WP(C)/4274/2020

Case brief

AI extract

What is this about?

The petitioner sought directions to release Kisan Vikas Pathras deposited as security for a completed work. The court held that since the work was completed in 2014 and no authority communicated any withholding of amounts, the petitioner was entitled to the release of the security deposits.

What did the court decide?

Direction to respondents to release 10 numbers of Kisan Vikas Pathras of Rs.10,000/- each within one month from receipt of this judgment.

Mathew M.Nettady Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941

¶5

WP(C).No.4274 OF 2020(H)

¶6

PETITIONER:

¶7

MATHEW M.NETTADY AGED 64 YEARS CONTRACTOR, PARICKAPPILLIL, KALAMBOOR, PIRAVOM-686 664.

¶8

BY ADVS. SRI.V.K.ISSAC SRI.K.K.APPU SRI.ISAC SANJAY SMT.K.J.ARSHA

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033.

¶11

2 THE KERALA STATE CONSTRUCTION CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, 30/1521-A, PONNURUNNI, VYTTILA P.O., COCHIN-682 019.

¶12

3 THE GENERAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION LTD., VYTTILA P.O., COCHIN-682 019.

¶13

ADV. SHRI.M.RAJAGOPALAN NAIR, SC, KSCC LTD. ADV. SRI.G.BIJU ADV. SMT. B.VINEETHA, GOVERNMENT PLEADER

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No.4274 OF 2020

¶16

¶17

JUDGMENT

¶18

This writ petition is filed seeking directions to the respondents to release the Kisan Vikas Pathras, which had been deposited as security with the 2^nd respondent for completion of a work awarded to the petitioner. It is stated that even after the defect liability period of two years after successful completion of the work, the Kisan Vikas Pathras have not been returned to the petitioner.

¶19

The learned counsel appearing for the respondents 2 and 3 submits that there was a vigilance enquiry in respect of work in question. However, it is stated that the work was completed in the year 2014 and that the defect liability period of 24 months also expired in the year 2016. it is stated that thereafter there is no communication either from the vigilance or from the PWD in respect of the work in question.

¶20

Having heard the learned counsel on either side, I am of the opinion that in view of the fact that the work was admittedly completed in March, 2014 and since there is no communication issued by any authority withholding any amounts from the petitioner, the Kisan Vikas Pathras which were deposited as security for the specific work are liable

¶21

WP(C).No.4274 OF 2020

¶22

¶23

to be released to the petitioner.

¶24

In the above view of the matter, there will be a direction to the respondents 2 and 3 to release the 10 numbers of Kisan Vikas Pathras of Rs.10,000/- each, deposited as security for the work covered by Ext.P2,

¶25

within a period of one month from the date of receipt of a copy of this judgment.

¶26

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.4274 OF 2020

¶32

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT	P1 TRUE COPY OF WORK ORDER NO.CC/GM/VK- B/2010/4719 DATED 07.07.2010.
EXHIBIT	P2 TRUE COPY OF MOU (NO.86) AGREEMENT DATED 15.07.2020 BETWEEN KSCC AND PETITIONER.
EXHIBIT	P3 WORK COMPLETION CERTIFICATE DATED 13.03.2014 ISSUED BY SUPERINTENDING ENGINEER, PWD (ROADS AND BRIDGES), CENTRAL CIRCLE ALUVA.
EXHIBIT	P4 TRUE COPY OF APPLICATION BY PETITIONER DATED 20.06.2017 TO 3RD RESPONDENT THROUGH PROPER CHANNEL TO RELEASE SECURITY DEPOSIT.
EXHIBIT	P5 TRUE COPY OF SUBMISSION DATED 10.07.2017 BY REGIONAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION TO THE 3RD RESPONDENT.
EXHIBIT	P6 TRUE COPY OF PETITIONER'S APPLICATION DATED 30.05.2019 TO THE 3RD RESPONDENT TO RELEASE SECURITY DEPOSIT.
EXHIBIT	P7 COPY OF LAWYER NOTICE DATED 30.01.2020 ADDRESSED TO THE GENERAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION LTD., VYTTILA, COCHIN.
EXHIBIT	P7 A ACKNOWLEDGMENT FOR RECEIPT EXT.P7 LAWYER NOTICE.

¶36

RESPONDENT'S/S EXHIBITS: NIL

Mathew M.Nettady v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mathew M.Nettady v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Nit Educational Society Vs All India Council for Technical Education

P.K. Kalesh Vs the Bharat Sanchar Nigam Limited

Riyas C., Vs Vice Chancellor

C.Sreedharan Vs Government of Kerala

S.Mohanakumar, Vs State of Kerala

Nidhin S. Vs University of Kerala