Disposed

Sri.Prajaraj.D, v. Chief Engineer (Buildings)

Kerala HC11 Feb 2021WP(C)/303/2021

Case brief

AI extract

What is this about?

This order concerns a writ petition filed by a construction contractor facing delays in resuming works due to pending soil test directions. The court quashes the case and directs the 2nd respondent to consider a representation and pass orders after hearing the petitioner.

What did the court decide?

Direction to 2nd respondent to consider Ext.P8 representation and pass orders after hearing petitioner within one month.

Sri.Prajaraj.D, Vs Chief Engineer (Buildings) — 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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THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

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WP(C).No.303 OF 2021(K)

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PETITIONER:

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SRI.PRAJARAJ.D, AGED 61 YEARS S/O. DAMODHARAN (LATE), THUNDIL RAJ BHAVAN, PUTHIYAKAVU, KILIMANUR P.O, THIRUVANANTHAPURAM.

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BY ADVS. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN SRI.ROY JOSEPH SMT.ANIES MATHEW SRI.E.HARIDAS

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RESPONDENTS:

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1 CHIEF ENGINEER (BUILDINGS), PWD BUILDINGS, PUBLIC WORKS DEPARTMENT, PUBLIC OFFICE COMPLEX, MUSEUM P.O, THIRUVANANTHAPURAM-695 033.

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2 EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDING DIVISION, PMG, THIRUVANANTHAPURAM-695 033.

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3 ASSISTANT EXECUTIVE ENGINEER, OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, BUILDING MAINTENANCE SUB DIVISION, PMG, THIRUVANANTHAPURAM-695 033.

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4 ASSISTANT ENGINEER, BUILDING SECTION, VELLAYAMBALAM, PMG, THIRUVANANTHAPURAM-695 033.

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SMT.PRINCY XAVIER, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.303 OF 2021(K)

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JUDGMENT

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Dated this the 11^th day of February 2021

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The petitioner is a contractor who was awarded

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the work of construction of Auditorium at

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Kattaikonam in Kazhakuttom constituency. It is stated that Ext.P1 agreement was executed on 25.07.2019. Thereafter the petitioner was asked to

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stop the work and to restart the work after completion of the soil test. Though the petitioner carried out this soil test on 21.03.2020, no

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further direction has been issued by the 3^rd respondent. Stating that the petitioner has stored

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all the materials for completing the work in the

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site storage area, the petitioner pointed out that despite submission of several representations for

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granting permission to resume the work, the

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respondents have not taken any action so far. It

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is stated that, on the basis of his

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representations, the Minister, who is the M.L.A of

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WP(C).No.303 OF 2021(K)

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the constituency, had issued Ext.P9 letter

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recommending payment towards expenditure incurred by the petitioner.

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Though the learned Government Pleader

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disputed the contentions in the writ petition, it is seen that the petitioner has approached the 2^nd

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respondent with Ext.P8 representation. It is only appropriate that the 2^nd respondent considers the same.

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Therefore, the writ petition is disposed

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of with a direction to the 2^nd respondent to

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consider and pass orders on Ext.P8 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.

Sd/-

P.V.ASHA JUDGE

WP(C).No.303 OF 2021(K)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE AGREEMENT NO. 52/EE/2019-2020 DATED 25.7.2019.
EXHIBIT P2	TRUE COPY OF THE LAYOUT APPROVED BY THE RESPONDENTS 2 TO 4.
EXHIBIT P3	TRUE COPY OF THE ACKNOWLEDGEMENT FORM OF HANDING OVER THE SITE TO THE CONTRACTOR/PETITIONER DATED 27.12.2019.
EXHIBIT P4	TRUE COPY OF THE LETTER DATED 5.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT ASSISTANT ENGINEER WITH TYPED COPY.
EXHIBIT P5	TRUE COPY OF THE REPRESENTATION DATED 19.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT ENGINEER, PWD BUILDING WORKS, THIRUVANANTHAPURAM.
EXHIBIT P6	TRUE COPY OF THE RELEVANT PAGES OF THE MEASUREMENT BOOK.
EXHIBIT P7	COPY OF THE DETAIL BILL PREPARED PURSUANT TO EXT.P6 MEASUREMENT.
EXHIBIT P8	TRUE COPY OF THE REPRESENTATION DATED 22.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P9	TRUE COPY OF THE LETTER DATED 16.9.2020 ISSUED BY THE MINISTER, CO-OPERATION, TOURISM AND DEVASWOM.
EXHIBIT P9A	TYPED COPY OF EXT. P9.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Sri.Prajaraj.D, v. Chief Engineer (Buildings)

Case brief

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Sri.Prajaraj.D, v. Chief Engineer (Buildings)

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