Disposed

Rsp Constructions, v. Kerala State Mineral Development Corporation Limited (Kemdel)

Kerala HC6 Jan 2021WP(C)/201/2021

Case brief

AI extract

What is this about?

In a writ petition, a contractor sought payment for sand removal work from a State Corporation. The Respondent denied liability. The court directed the corporation to consider the representation and decide within two months.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's representation and take a decision within two months.

Rsp Constructions, Vs Kerala State Mineral… — Writ and Judicial Review | Kerala HC (2021)

¶1

WP(C).No.201 OF 2021(A)

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶6

WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

¶7

WP(C).No.201 OF 2021(A)

¶8

PETITIONER/S:

¶9

RSP CONSTRUCTIONS, OPP.CIVIL STATION, INFOPARK ROAD, KAKKANAD P.O., KOCHI, ERNAKULAM REP.BY ITS PROPRIETOR, N.R.SHAJI, S/O.RAJAN, AGED 53 YEARS

¶10

BY ADV. SRI.P.M.ZIRAJ

¶11

RESPONDENT/S:

¶12

1 KERALA STATE MINERAL DEVELOPMENT CORPORATION LIMITED (KEMDEL) 'THE RETREAT', TC 26/954 (OLD TC 12/36), PLAMOOD PALACE P.O., THIRUVANANTHAPURAM 695 010 REP.BY ITS MANAGING DIRECTOR

¶13

2 THE MANAGING DIRECTOR, KERALA STATE MINERAL DEVELOPMENT CORPORATION LIMITED (KEMDEL), THE RETREAT', TC 26/954 (OLD TC 12/36), PLAMOOD PALACE P.O., THIRUVANANTHAPURAM 695 010

¶14

OTHER PRESENT:

¶15

SRI.BALA MURALI,SC

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No.201 OF 2021(A)

¶18

¶19

JUDGMENT

¶20

Dated this the 6^th day of January 2021

¶21

The petitioner claims that he had been working as a Contractor under the 2^nd respondent who was awarded the work of removal of sand from various places of Malampuzha Dam and payment is due to him. It is stated that the work was carried out in 2010 and balance amount is payable to him. The petitioner submits that Ext.P1 representation was submitted on 04.12.2020 requesting for payment furnishing the details of the bills.

¶22

I heard the learned Standing Counsel Sri.Balamurali, who on instructions submitted that payment is already made and no amount is payable. However, since the petitioner has submitted a representation claiming the amount, there shall be a direction to the 2^nd respondent to consider Ext.P1 representation and to take a decision on the same in accordance with law within a period of two months from the date of receipt of a copy of the judgment.

¶23

The Writ Petition is disposed of accordingly.

¶24

Sd/P.V.ASHA

¶25

rkc

¶26

WP(C).No.201 OF 2021(A)

¶27

¶28

APPENDIX

¶29

PETITIONER'S/S EXHIBITS:

¶30

EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 4.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXHIBIT P2 TRUE COPY OF THE DETAILS OF THE BILLS SUBMITTED BY THE PETITIONER BEFORE SECOND RESPONDENT WITHOUT DATE

Rsp Constructions, v. Kerala State Mineral Development Corporation Limited (Kemdel)

Case brief

What is this about?

What did the court decide?

Rsp Constructions, v. Kerala State Mineral Development Corporation Limited (Kemdel)

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

Kala S. Vs State of Kerala

K.J.Mathew Vs State of Kerala

Sulaiman.a Vs Raghuram

Pavan Rose Johnson, Vs the Commissioner of Entrance Examinations

T.K.Zachariah Vs the State of Kerala

Vijayakumaran Nair Vs the Chairman