Dismissed

B. Praveen v. State of Kerala

Kerala HC31 May 2022WP(C)/17186/2022

Case brief

AI extract

What is this about?

In a writ petition concerning a construction contract dispute, the court directed the third respondent to consider the petitioner's representation for an extension of time, addressing the fear of contract termination and re-tendering.

What did the court decide?

Directed the third respondent to consider the petitioner's representation regarding extension of time and pass appropriate orders.

B. Praveen Vs State of Kerala — Property and Title | 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 31^ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 WP(C) NO. 17186 OF 2022

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PETITIONER:

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B. PRAVEEN AGED 49 YEARS S/O K. BALACHANDRAN, AGED 49 YEARS ANJANEYAM, PAZHAYAR, EAST KALLADA P.O., KOLLAM, PIN – 691502 BY ADVS. N.ANAND RAJESH O.N.

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RESPONDENTS:

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1 STATE OF KERALA PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAMREPRESENTED BY ITS SECRETARY, PIN - 695001 2 THE CHIEF ENGINEER (ROADS) PUBLIC WORKS DEPARTMENT, PUBLIC WORKS DEPARTMENT (ROADS) DIVISION PUBLIC OFFICE COMPLEX, MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS) DIVISION, NEAR BENZIGER HOSPITAL, KOLLAM, PIN - 691001 BY ADV. SRI. P.S. APPU, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17186 OF 2022

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JUDGMENT

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Dated this the 31^st day of May, 2022

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The petitioner was awarded with the construction of a new culvert and drain on Chirattakonam-Panaveli road. The agreement was executed on 11.09.2020, as per which the work had to be completed in three months. According to the petitioner, he was unable to complete the works within the time limit for reasons like heavy and incessant rains and an accident and consequential hospitalisation. Pointing out these aspects and seeking extension of time for completion of the work, the petitioner has submitted Ext.P5 representation.

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Learned Counsel for the petitioner submitted that the competent authority may be directed to consider Ext.P5 representation immediately, since there is a threat of the contract being terminated at the risk and cost of the petitioner.

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Learned Government Pleader submitted that

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WP(C) NO. 17186 OF 2022

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the justifications put forth by the petitioner cannot be accepted, since the delay in completing the work is affecting residents of that area. At the most, the petitioner’s representation can be considered, but there cannot be any interdiction against re-tendering the work.

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In view of the limited relief sought, the writ petition is disposed of directing the 3^rd respondent to consider Ext.P5 representation and to pass appropriate orders thereon, as expeditiously as possible, keeping in mind the apprehension expressed by the petitioner, of the work being re-tendered. To effectuate proper consideration of the representation, the petitioner shall make available a copy of the writ petition along with certified copy of the judgment.

Sd/-

V.G.ARUN

JUDGE

NB/31-5

WP(C) NO. 17186 OF 2022

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APPENDIX OF WP(C) 17186/2022

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PETITIONER’S EXHIBITS
EXHIBIT-P1	TRUE COPY OF THE BY RESPONDENT NO.	LETTER DATED 10.08.2020 ISSUED 3
EXHIBIT-P2	TRUE COPY OF THE ISSUED BY RESPOND	COMMUNICATION DATED 01.01.2022 ENT NO. 3 TO THE PETITIONER
EXHIBIT-P3	TRUE COPY OF THE ISSUED BY RESPOND	COMMUNICATION DATED 09.05.2022 ENT NO. 3 TO THE PETITIONER
EXHIBIT-P4	TRUE COPY OF T 01.05.2022 ISSUED	HE MEDICAL CERTIFICATE DATED BY M/S HARISREE HOSPITAL
EXHIBIT-P5	TRUE COPY OF THE ISSUED BY PETITIO	COMMUNICATION DATED 16.05.2022 NER TO RESPONDENT NO. 3
EXHIBIT-P6	TRUE COPY OF THE SERVICE OF EXT.P5	ACKNOWLEDGMENT CARD EVIDENCING ON THE 3RD RESPONDENT

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

B. Praveen v. State of Kerala

Case brief

What is this about?

What did the court decide?

B. Praveen v. State of Kerala

Case brief

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What did the court decide?

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