Disposed

Ojasvis Construction Solutions v. the State of Kerala

Kerala HC12 Feb 2021WP(C)/1895/2021

Case brief

AI extract

What is this about?

This writ petition by a construction firm against the Public Works Department was disposed of by directing the second respondent to consider an exculpation representation submitted by the petitioner after affording an opportunity of hearing within one month.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's representation for relief after hearing within one month.

Ojasvis Construction Solutions Vs the State… — Contract and Commercial Disputes | Kerala HC (2021)

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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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FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

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WP(C).No.1895 OF 2021(J)

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PETITIONER:

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OJASVI'S CONSTRUCTION SOLUTIONS

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A PARTNERSHIP FIRM, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, REPRESENTED BY ITS MANAGING PARTNER, ARUN P, S/O P.PURUSHOTHAMAN, PARASAKTHI BUILDING, SHORANUR, PALAKKAD DISTRICT,679 122.

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BY ADV. SRI.BINOY VASUDEVAN

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RESPONDENTS:

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1 THE STATE OF KERALA

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REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE SUPERINTENDING ENGINEER,

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PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), CENTRAL

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CIRCLE, ALUVA-683 101.

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3 THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS DIVISION), THRISSUR680 001.

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4 THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS SUB DIVISION), CHAVAKKAD-680 506.

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SMT.PRINCY XAVIER, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1895 OF 2021(J)

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JUDGMENT

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Dated this the 12^th day of February 2021

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The petitioner in this writ petition is a partnership firm. The firm is an 'A' class contractor which was awarded the work for improvements to Mallad-Kottappady-Ovungal Pally Road from kilometer 3/825 to 6/900 as per Ext.P2 letter dated 04.04.2018. It is stated that, even though the site was handed over on 30.04.2018, the petitioner could not commence the work since the Water authority is executing a pipe line work. It is stated that the petitioner had, as per Ext.P5

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and P6 letter, informed the respondents that it was not possible to commence the work. The petitioner points out that he has submitted Ext.P14 representation requesting for relieving him from the work.

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The learned counsel for the petitioner

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WP(C).No.1895 OF 2021(J)

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submitted that the petitioner would be satisfied with a direction to the 2^nd respondent.

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Therefore, the writ petition is disposed of with a direction to the 2^nd respondent to consider and pass orders on Ext.P14 representation after affording an opportunity of hearing to the petitioner, within a period of one month from the date of receipt of a copy of the judgment.

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Sd/P.V.ASHA JUDGE

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WP(C).No.1895 OF 2021(J)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PWD LICENSE OF THE PETITIONER
EXHIBIT P2	TRUE COPY OF THE LETTER NO DTC- 4071/2017 DATED 4.4.2018 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P3	TRUE COPY OF THE TENDER QUOTED BY THE PETITIONER
EXHIBIT P4	TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER OF THE SITE DATED 30.4.2018
EXHIBIT P5	TRUE COPY OF THE LETTER DATED 23.9.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENT
EXHIBIT P6	TRUE COPY OF THE LETTER DATED 31.10.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P7	TRUE COPY OF THE LETTER DATED 12.3.2019 SENT BY THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY TO THE 4TH RESPONDENT
EXHIBIT P8	TRUE COPY OF THE LETTER DATED 1.4.2019 SENT BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P9	TRUE COPY OF THE LETTER DATED 12.7.2019 SENT BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P10	TRUE COPY OF THE LETTER DATED 1.9.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT
EXHIBIT P11	TRUE COPY OF THE LETTER DATED 30.9.2019 SENT BY THE 4TH RESPONDENT TO THE PETITIONER
EXHIBIT P12	TRUE COPY OF THE LETTER DATED 8.11.2019 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT

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WP(C).No.1895 OF 2021(J)

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EXHIBIT P13 TRUE COPY OF THE LETTER DATED 09.12.2019 SENT BY THE 4TH RESPONDENT

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EXHIBIT P14 TRUE COPY OF THE REQUEST DATED 3.2.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Ojasvis Construction Solutions v. the State of Kerala

Case brief

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Ojasvis Construction Solutions v. the State of Kerala

Case brief

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