Disposed

Sreevallabhan P., v. the State of Kerala

Kerala HC7 Sept 2020WP(C)/8900/2020

Case brief

AI extract

What is this about?

The Court held that a writ petition concerning contract termination became infructuous after termination orders were issued. In a connected petition, the Court directed the first respondent to consider a pending representation with an opportunity of hearing within two months and restrained coercive action pending the hearing.

What did the court decide?

W.P.(C) No.8900 allowed as infructuous; in W.P.(C) No.17372, 1st respondent directed to hear petitioner on pending representation within two months and no coercive action on Ext.P9 until then.

Sreevallabhan P., Vs the State of Kerala — 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 SMT. JUSTICE P.V.ASHA

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MONDAY, THE 07TH DAY OF SEPTEMBER 2020 / 16TH BHADRA, 1942

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WP(C).No.8900 OF 2020(J)

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PETITIONER:

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SREEVALLABHAN P.,

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AGED 71 YEARS, S/O. PURUSHJOTHMA KARANAVAR,

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RESIDING AT SREE BHAVANAM, THULAMPARAMBU NORTH, MANNARASALA P.O., HARIPPAD, ALAPPUZHA DISTRICT.

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BY ADV. SRI.A.SHAFEEK (KAYAMKULAM)

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RESPONDENTS:

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

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2 THE SUPERINTENDING ENGINEER, PWD ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM-695 033.

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3 EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES, OFFICE OF THE PWD ROADS & BRIDGES, IRON BRIDGE, ALAPPUZHA – 688011.

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4 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES, SUB DIVISION, THATTAMPALLY, ALAPPUZHA – 688013.

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5 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES, HARIPAD SUB DIVISION-690 514.

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BY ADV. SMT.VINETHA.B., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2020, ALONG WITH WP(C).17372/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.8900 and 17372 of 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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MONDAY, THE 07TH DAY OF SEPTEMBER 2020 / 16TH BHADRA, 1942

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WP(C).No.17372 OF 2020(V)

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PETITIONER:

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SREEVALLABHAN P., AGED 71 YEARS, S/O. PURUSHOJTHAMA KARANAVAR,

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RESIDING AT SREE BHAVANAM, THULAMPARAMBU NORTH, MANNARASALA P.O., HARIPAD, ALAPPUZHA DISTRICT.

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BY ADV. SRI.A.SHAFEEK (KAYAMKULAM)

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RESPONDENTS:

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1 STATE OF KERALA,

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REPRESENTED BY SECRETARY TO THE PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE CHIEF ENGINEER, PWD ROADS AND BRIDGES, THIRUVANANTHAPURAM-695033.

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3 THE SUPERINTENDING ENGINEER, PWD ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM-695033.

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4 EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES, OFFICE OF THE PWD ROADS AND BRIDGES, IRON BRIDGE, ALAPPUZHA-688011.

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5 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES, SUB DIVISION, THATTAMPALLY, ALAPPUZHA-688013.

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6 THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS AND BRIDGES, HARIPAD SUB DIVISION-690514.

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BY ADV. SMT.VINEETHA.B., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2020, ALONG WITH WP(C).8900/2020(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.8900 and 17372 of 2020

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JUDGMENT

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W.P.(C) No.8900/2020 was filed by the

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petitioner, who is also the petitioner in W.P.(C) No.17372/2020, at a time apprehending termination of the contract, awarded to him based on Ext.P1 to P3 proceedings.

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2. During the pendency of that writ petition, petitioner has received orders terminating his contract, which is under challenge in W.P.(C) No.17372/2020. The complaint of the petitioner is that the explanation submitted by him to the show cause notice dated 04.06.2020 was not considered.

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3. The learned Government Pleader on

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instructions submits that petitioner did not even complete 35% of the work and termination was effected in terms of the agreement executed by the petitioner. However it is pointed out that the representation submitted by the petitioner to the Government, which is produced as Ext.P11 in W.P.(C) No.17372/2020, is pending consideration. In view of

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W.P.(C) Nos.8900 and 17372 of 2020

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termination of contract, W.P.(C) No.8900/2020 has become infructuous.

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W.P.(C) No.17372/2020 is disposed of

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directing the 1^st respondent to consider and pass orders on Ext.P11 representation, after affording an opportunity of hearing to petitioner, within a period of two months from the date of receipt of copy of the judgment. In the meanwhile, no coercive action shall be taken on the basis of Ext.P9. The 1^st respondent would be free to conduct the hearing through electronic media for which petitioner shall

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also co-operate.

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Sd/P.V.ASHA JUDGE

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W.P.(C) Nos.8900 and 17372 of 2020

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APPENDIX OF WP(C) 8900/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER NO.DB3/RD/2017/4879 DATED 5.3.2019 ACCEPTING THE TENDER OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE LETTER NO.DB3-RD/2017/4879 DATED 5.3.2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE DETAILS OF THE ESTIMATE ISSUED REGARDING THE WORKS THAT ARE TO BE UNDERTAKEN. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 7.1.2020 OF THE 4TH RESPONDENT EXTENDING THE TIME. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 13.2.2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPLY DATED 5.3.2020 SENT BY THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 12.3.2020 SUBMITTED BY THE PETITIONER.

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W.P.(C) Nos.8900 and 17372 of 2020

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APPENDIX OF WP(C) 17372/2020

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER NO.DB3/RD/2017/4879 DATED 05/03/2019 ACCEPTING THE TENDER OF THE PETITIONER.
EXHIBIT P2	TRUE COPY OF THE LETTER NO.DB3-RD/2017/4879 DATED 05/03/2019 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P3	TRUE COPY OF THE DETAILS OF THE ESTIMATE ISSUED REGARDING THE WORKS THAT ARE TO BE UNDERTAKEN.
EXHIBIT P4	TRUE COPY OF THE ORDER DATED 07/01/2020 OF THE 4TH RESPONDENT EXTENDING THE TIME.
EXHIBIT P5	TRUE COPY OF THE LETTER DATED 13/02/2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE REPLY DATED 05/03/2020 SENT BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE LETTER NO.DB9(3)/ 4879/2017 DATED 04/06/2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE LETTER DATED 15/06/2020 SUBMITTED BY THE PETITIONER TO EXT.P7 BEFORE 3RD RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE PROCEEDINGS NO.DB- 9(3)/4879/2017 DATED 30/07/2020 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10	PHOTOGRAPHS EVIDENCING THE FACT THAT THE ELECTRIC POSTS AND PIPELINES ARE NOT SHIFTED FROM THE PRESENT WORKSITE.
EXHIBIT P11	TRUE COPY OF THE REPRESENTATION DATED 18/08/2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P12	TRUE COPY OF THE REPRESENTATION DATED 18/08/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Sreevallabhan P., v. the State of Kerala

Case brief

What is this about?

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Sreevallabhan P., v. the State of Kerala

Case brief

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