Dismissed

M/S. Air Travel Enterprises India Ltd., v. Union of India

Kerala HC8 Nov 2022WP(C)/1545/2022

Case brief

AI extract

What is this about?

Petitioner executed work under State Government's award under Central Scheme facing delayed payment due to scheme shelving. Court directed Union of India to sanction amount via directed letter within two months; State to disburse within one month.

What did the court decide?

Directing 1st respondent to act on Ext. R3(c) sanctioning amount within two months; State to disburse within one month.

M/S. Air Travel Enterprises India Ltd., Vs… — Public Procurement and Tenders | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 8TH DAY OF NOVEMBER 2022 / 17TH KARTHIKA, 1944

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WP(C) NO. 1545 OF 2022

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PETITIONER:

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M/S. AIR TRAVEL ENTERPRISES INDIA LTD.,
1ST FLOOR, NEW CORPORATION BUILDING, PALAYAM,
THIRUVANANTHAPURAM, KERALA-695033
REPRESENTED BY ITS AUTHORISED SIGNATORY,
SRI. ANIL KUMAR A.A.
BY ADVS.
SANTHOSH MATHEW
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
LEAH RACHEL NINAN
MATHEW NEVIN THOMAS
KARTHIK RAJAGOPAL
NANDA SANAL

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RESPONDENTS:

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1UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT (TOURISM),
MINISTRY OF TOURISM, TRANSPORT BHAVAN,
11- PARLIAMENT STREET, NEW DELHI-110001.

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2STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF
TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.

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3 THE DIRECTOR, DEPARTMENT OF TOURISM, PARK VIEW, PALAYAM, THIRUVANANTHAPURAM, KERALA-695033.

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4 DEPUTY DIRECTOR, DEPARTMENT OF TOURISM, PARK VIEW, PALAYAM,

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W.P. (C) No. 1545 of 2022

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THIRUVANANTHAPURAM, KERALA-695033.

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BY ADVS.
SMT.MAHESWARY.G., CGC
A.K.HARIDAS

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DSGI S. MANU
GP- AMMINIKUTTY K.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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W.P. (C) No. 1545 of 2022

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V. G. ARUN, J.

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W.P. (C) No. 1545 of 2022

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Dated this the 08^th day of November, 2022

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JUDGMENT

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The petitioner, a Public Limited Company, had been entrusted the work of preparation of concept note for Cluster Nos. 6 and 7, out of the 7 Clusters identified as part of the “Swadesh Darshan” Scheme initiated by the Central Government, for Spiritual Circuit covering 147 sites in Kerala. The work was awarded to the petitioner by the State Government. Accordingly, the petitioner prepared a detailed project report consisting of design drawings and detailed estimates and requested to sanction 20% of the consultancy fees as advance. Thereafter, the petitioner was appointed as the Architect to provide Architectural services for the project – “Development of Spiritual Circuit under Swadesh Darshan Scheme in Pathanamthitta, Kollam and Thiruvananthapuram Districts.” After executing Ext. P6 agreement, the petitioner

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W.P. (C) No. 1545 of 2022

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commenced the work. To the petitioner’s dismay, the Swadesh Darshan Scheme was shelved all on a sudden. Though petitioner submitted bill for the works executed, only a portion of the bill is paid. Hence, the writ petition.

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Heard learned Counsel for the petitioner, learned Central Government Counsel and learned Government Pleader.

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Along with statement filed by the 3^rd respondent,

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Ext. R3 (c) document is produced to show that the Director, Department of Tourism, Kerala has addressed the Secretary, Ministry of Tourism, Government of India, requesting to sanction and allot the amount due to the petitioner for the work executed by it. Although learned Central Government Counsel contended that there is no privity of contract between the Government of India and the petitioner, in so far as the State or the Central Governments do not have a case that the petitioner did not execute the work in terms of the agreement, there is no justification in delaying the payment based on hyper technical objections, particularly in view of

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W.P. (C) No. 1545 of 2022

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the undisputed fact that, administrative sanction for the work was granted by the Government of India.

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The writ petition is hence disposed of, directing the 1^st respondent to act upon Ext. R3 (c) letter by sanctioning the amount mentioned therein within two months. Once the

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amount is received, the State Government shall disburse to the amount to the petitioner within one month.

Sd/-

V. G. ARUN JUDGE

san

W.P. (C) No. 1545 of 2022

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APPENDIX OF WP(C) 1545/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE ORDER NO. P3/12041/2018` `DATED 06/10/2018.`
`Exhibit P2`	`TRUE COPY OF LETTER NO.` `68/DOT/GITPAC/2018-19 DATED 05/11/2018.`
`Exhibit P3`	`TRUE COPY OF THE SANCTION LETTER ISSUED` `BY THE 1ST RESPONDENT DATED 15/01/2019.`
`Exhibit P4`	`TRUE COPY OF THE ORDERS NO. P3-12041/2018` `DATED 23/02/2019 ISSUED BY THE 3RD` `RESPONDENT IN FAVOUR OF M/S. HABITAT` `TECHNOLOGY FOR CLUSTER NO.6 AND 7.`
`Exhibit P5`	`TRUE COPY OF THE LETTER DATED 29/03/2019` `ISSUED BY THE 3RD RESPONDENT.`
`Exhibit P6`	`TRUE COPY OF THE AGREEMENT DATED` `05/07/2019 EXECUTED BY THE PETITIONER AND` `THE GOVERNOR OF KERALA DULY REPRESENTED` `BY THE 3RD RESPONDENT.`
`Exhibit P7`	`TRUE COPY OF THE LETTER DATED 22/06/2019` `ISSUED BY THE DEPUTY DIRECTOR, TOURISM.`
`Exhibit P8`	`TRUE COPY OF THE LETTER DATED 20/11/2019` `ISSUED BY THE 4TH RESPONDENT.`
`Exhibit P9`	`TRUE COPY OF THE REPRESENTATION DATED` `29/05/2020 AND THE EXPENDITURE STATEMENT` `SUBMITTED BY THE PETITIONER.`
`Exhibit P10`	`TRUE COPY OF THE LETTER DATED 11/05/2021` `ISSUED BY THE 3RD RESPONDENT.`
`Exhibit P11`	`TRUE COPY OF THE REPRESENTATION DATED` `10/07/2021 SUBMITTED BY THE PETITIONER TO`

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W.P. (C) No. 1545 of 2022

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THE 3RD RESPONDENT.

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Exhibit P12TRUE COPY OF THE LETTER NO. P3-12041/2018
DATED 19/09/2021 SENT BY THE 3RD
RESPONDENT.

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RESPONDENT ANNEXURES

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Annexure R3(a)Memorandum No.3(01)2017-SD pat 1 dtd
26/5/2020
Annexure R3(b)Letter No A3/24/2019/TSM dtd 7/3/2022
Annexure R3(c)Letter No P3-1204/2018 issued by the
Director, Department of Tourism dtd
11/5/2022

M/S. Air Travel Enterprises India Ltd., v. Union of India

Case brief

What is this about?

What did the court decide?

M/S. Air Travel Enterprises India Ltd., v. Union of India

Case brief

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What did the court decide?

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