Disposed

L.Satheek v. the Chief Engineer

Kerala HC12 Jan 2021WP(C)/780/2021

Case brief

AI extract

What is this about?

Petitioner, having received final payment for bituminous concrete work, filed writ petition claiming interest. Court disposed of writ by directing Secretary, PWD, to consider petitioner's interest representation after hearing, within three months, without deciding claim on merits.

What did the court decide?

Directing 6th respondent to consider petitioner's representation and pass orders post hearing within three months.

L.Satheek Vs the Chief Engineer — Maintenance and Alimony | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

¶5

WP(C).No.780 OF 2021

¶6

PETITIONER:

¶7

L.SATHEEK, AGED 64 YEARS, MANAGING PARTNER, K.LAKSHMANAN AND CO., AKKAVILA, NO.200 SREE SARAVANA NAGAR, ERAVIPURAM P.O., KOLLAM-691 011.

¶8

BY ADVS. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI SRI.PREMCHAND R.NAIR

¶9

RESPONDENTS:

¶10

1 THE CHIEF ENGINEER (P-7), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, NO.1, PARLIAMENT STREET, NEW DELHI-110 001.

¶11

2 THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, OFFICE OF CHIEF ENGINEER, PWD NATIONAL HIGHWAYS, PUBLIC OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM-695 033.

¶12

3 THE CHIEF ENGINEER, PWD NATIONAL HIGHWAYS, PUBLIC OFFICE, MUSEUM P.O., THIRUVANANTHAPURAM-695 033.

¶13

4 THE SUPERINTENDING ENGINEER,

¶14

PWD, NATIONAL HIGHWAYS , SOUTH CIRCLE,

¶15

OPPOSITE LOURDE CHURCH, PATTOM P.O., THIRUVANANTHAPURAM695 004.

¶16

5 THE EXECUTIVE ENGINEER,

¶17

PWD, NATIONAL HIGHWAYS DIVISION,

¶18

NEAR CIVIL STATION, ALAPPUZHA-688 001.

¶19

6 THE SECRETARY TO THE PUBLIC WORKDS (D) DEPARTMENT, GOVERNMENT SECRETARIATE, THRIVUANANTHAPURAM-695 001.

¶20

BY ADVS. SMT.VINITHA.B, GOVERNMENT PLEADER SRI.P.VIJAYAKUMAR, ASGI

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

WP(C).No.780 OF 2021(V)

¶23

¶24

JUDGMENT

¶25

The petitioner, who had undertaken a work of providing Bituminous concrete based on an agreement executed on 19.11.2008 got the final payment after several rounds of litigation as per Ext.P13 order.

¶26

2. Claiming interest on the said amount, petitioner has submitted Ext.P16 representation before the respondents 3 to 6.

¶27

As the final payment is seen made on the basis of Ext.P13 order of Government, the writ petition is disposed of directing the 6^th respondent to consider and pass orders on the said representation, after affording an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of a copy of the judgment. It is made clear that this Court has not considered

¶28

WP(C).No.780 OF 2021(V)

¶29

¶30

the claim of the petitioner on merits. The

¶31

hearing can be held through electronic mode.

Sd/-

P.V.ASHA

JUDGE

WP(C).No.780 OF 2021(V)

¶37

¶38

APPENDIX

¶39

PETITIONER'S EXHIBITS:

¶40

EXHIBIT P1	TRUE COPY 23.3.2009, BEFORE THE 4TH RESPON	OF THE SUBMITTED 5TH RESPON DENT.	REPRESENTATION LTD. BY THE PETITIONER DENT WITH THE COPY TO
EXHIBIT P2	TRUE COPY	OF THE LET	TER DTD 23.3.2009 OF
	THE 4TH RESPONDENT	RESPONDENT .	ADDRESSED TO 5TH
EXHIBIT P3	TRUE COPY	OF LETTER	DTD. 25.3.2009 OF THE
	4TH RESPO RESPONDENT	NDENT, ADD .	RESSED TO THE 5TH
EXHIBIT P4	TRUE COPY THE 4TH RE	OF THE LETT SPONDENT TO	ER DTD. 19.09.2009 OF THE 3RD RESPONDENT.
EXHIBIT P5	TRUE COPY THE 4TH R RESPONDENT	OF THE LETT ESPONDENT A .	ER DTD. 08.10.2009 OF DDRESSED TO THE 3RD
EXHIBIT P6	TRUE COPY	OF THE	REPRESENTATION DTD.
	14.3.2011 BEFORE THE	SUBMITTED 1ST RESPOND	BY THE PETITIONER ENT.
EXHIBIT P7	TRUE COPY IN W.P.(C)	OF THE JUD NO.8915 OF	GMENT DTD. 10.04.2012 2012.
EXHIBIT P8	TRUE COPY	OF THE	REPRESENTATION DTD.
	14.4.2012 BEFORE 1ST	SUBMITTED RESPONDENT.	BY THE PETITIONER
EXHIBIT P9	TRUE COPY THE 1ST RESPONDENT	OF THE LETT RESPONDENT .	ER DTD. 10.05.2012 OF ADDRESSED TO 3RD
EXHIBIT P10	TRUE COPY	OF THE	REPRESENTATION DTD
	24.9.2012 BEFORE THE	SUBMITTED 1ST RESPOND	BY THE PETITIONER ENT.
EXHIBIT P11	TRUE COPY	OF THE CO	MMUNICATION NO.RW/NH-
	120818/223	/2007-KL/P7	DTD. 12.11.2012
	ISSUED BY	THE OFFICE	OF DIRECTOR GENERAL

¶41

WP(C).No.780 OF 2021(V)

¶42

¶43

	(ROADS DIV 3RD RESPOND	ISION), SPECIAL SECRETARY TO THE ENT.
EXHIBIT P12	TRUE COPY IN W.P(C) N	OF THE JUDGMENT DTD. 28.06.2019 O.9380 OF 2013.
EXHIBIT P13	TRUE COPY NO.G.O(RT)	OF THE GOVERNMENT ORDER NO.518/2020/PWD DTD. 11.06.2020.
EXHIBIT P14	TRUE COPY CHARGED BY 29.07.2020.	OF THE STATEMENT OF INTEREST THE BANK FROM 01.04.2010 TO
EXHIBIT P15	TRUE COPY INTEREST CH TO 16.09.20	OF THE STATEMENT OF RATE OF ARGED BY THE BANK FOR 01.12.2009 18.
EXHIBIT P16	TRUE COPY 07.12.2020 BEFORE THE	OF THE REPRESENTATION DATED SUBMITTED BY THE PETITIONER RESPONDENT 3 TO 6.

L.Satheek v. the Chief Engineer

Case brief

What is this about?

What did the court decide?

L.Satheek v. the Chief Engineer

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

Biju Augustine Vs Kerala Water Authority

Konari Hamza Koya Vs the District Collector Malappuram

Kingdom Protection Services Private Limited Vs the Registrar, Cochin University of Science and Technology

M/S. Irikkur Construction Company Vs Superintending Engineer

Menma Cafe Unit Vs Medical College Hospital Development Society

Leashar Vs Bharat Petroleum Corporation Limited