Writ petition filed by a contractor firm. The court disposed of the petition by directing the Superintending Engineer to consider the petitioner's representations with a hearing within one month.
Writ petition disposed; direction to 2nd respondent to consider representations with hearing opportunity within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WP(C).No.1921 OF 2021(M)
PETITIONER:
OJASVI'S CONSTRUCTION SOLUTIONS
A PARTNERSHIP FIRM, REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, REPRESENTED BY ITS MANAGING PARTNER, ARUN P., S/O.PURUSHOTHAMAN, PARASAKTHI BUILDING, SHORANUR, PALAKKAD DISTRICT - 679122.
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENTS:
REPRESENTED BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), CENTRAL
CIRCLE, ALUVA - 683 101.
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1921 OF 2021(M)
2
JUDGMENT
Dated this the 12th day of February 2021
The petitioner in this writ petition is a
partnership firm. The firm is an 'A' class contractor which was awarded the work for FD work 2018-19 flood rectification works to Thrissur-
Kuttippuram road Ch.6/950 to 010/900, based on which Ext.P2 agreement was executed on 27.07.2019. It is stated that the site was handed over to the petitioner on 03.08.2019. It is stated that the petitioner has been making suggestions before the respondents that a thorough repair of the roads
are necessary and patch work would not be sufficient. It is stated that, pointing out all these aspects, the petitioner has submitted Exts.P8 and P9 representations before the 2nd
respondent requesting for relieving him from the work.
submits that the petitioner would be satisfied
WP(C).No.1921 OF 2021(M)
3
with a direction to the 2nd respondent.
Sd/P.V.ASHA JUDGE
DM
WP(C).No.1921 OF 2021(M)
4
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PWD LICENSE OF THE PETITIONER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF AGREEMENT NO.51/SECCA/2019-20 DATED 27/07/2019 EXECUTED BETWEEN THE PETITIONER AND THE RESPONDENTS. |
| EXHIBIT P3 | TRUE COPY OF THE ACKNOWLEDGMENT FORM OF HANDING OVER THE SITE TO THE CONTRACTOR DATED 03/08/2019. |
| EXHIBIT P4 | TRUE COPY OF THE LETTER WRITTEN BY THE 3RD RESPONDENT TO THE PETITIONER DATED 03/10/2019. |
| EXHIBIT P5 | TRUE COPY OF THE LETTER DATED 04/11/2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| EXHIBIT P6 | TRUE COPY OF THE LETTER DATED 12/06/2020 OF THE 4TH RESPONDENT INFORMING THE PETITIONER TO FILL THE HOLES IMMEDIATELY. |
| EXHIBIT P7 | TRUE COPY OF THE LETTER DATED 11/09/2020 SENT BY THE ASSISTANT EXECUTIVE ENGINEER TO THE PETITIONER. |
| EXHIBIT P8 | TRUE COPY OF THE REQUEST DATED 04/10/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 14/01/2021. |
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the petitioner should be afforded an opportunity of hearing on representations seeking relief from the construction work?
1 provisions across 1 enactments
OJASVI'S CONSTRUCTION SOLUTIONS
THE STATE OF KERALA
THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), CENTRAL CIRCLE, ALUVA
THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (ROADS DIVISION), THRISSUR
THE ASSISTANT ENGINEER PUBLIC WORKS DEPARTMENT (ROADS SUB DIVISION), PUZHAKKAL
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
