Dismissed

Anu Babu v. Kerala State Coastal Area Development Corporation

Kerala HC12 Aug 2022WP(C)/26206/2022

Case brief

AI extract

What is this about?

A 'C' class contractor challenged the delay in completing work due to COVID-19. The writ petitioner sought a direction to the Managing Director to consider his representation for an extension and cost exemption. The High Court dispensed with notice and directed the Managing Director to consider the representation after hearing. This was a one-month time-bound directive.

What did the court decide?

The 2nd respondent to consider Ext.P8 and pass appropriate orders within one month after hearing the petitioner.

Anu Babu Vs Kerala State Coastal Area… — Contract and Commercial Disputes | 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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FRIDAY, THE 12^TH DAY OF AUGUST 2022 / 21ST SRAVANA, 1944 WP(C) NO. 26206 OF 2022

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PETITIONER:

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ANU BABU AGED 45 YEARS BABU BHAVANAM, NALLILA NORTH NALLILA P.O, KOLLAM-691515. BY ADVS. V.PREMCHAND FATHIMA SHALU S. SURYA MOHAN P.

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RESPONDENTS:

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1 KERALA STATE COASTAL AREA DEVELOPMENT CORPORATION CHALACHITHRA KALABHAVAN BUILDING, 1ST FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014, REPRESENTED BY THE MANAGING DIRECTOR.

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2 THE MANAGING DIRECTOR, KERALA STATE COASTAL AREA DEVELOPMENT CORPORATION LIMITED, CHALACHITHRA KALABHAVAN BUILDING, 1ST FLOOR,, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

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3 THE CHIEF ENGINEER, KERALA STATE COASTAL AREA DEVELOPMENT CORPORATION LIMITED, CHALACHITHRA KALABHAVAN BUILDING, 1ST FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.26206 OF 2022

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JUDGMENT

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Dated this the 12^th day of August, 2022

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The petitioner, a ‘C’ class contractor, had entered into an agreement with the 1^st respondent for the work ‘Improving Educational Infrastructure in selected schools of the Coast of KeralaEducational Infrastructure Works at Kollam District Phase-2: Govt. Town UPS, Kacherymukku, Kollam’. The petitioner was unable to complete the work within the contract period due to the onset of Covid-19 pandemic and resultant lockdown. The petitioner has been issued with Ext.P7 communication by the 1^st respondent, requiring the petitioner to intimate whether he is willing to continue the work, after depositing 30% of the contract amount. The petitioner has submitted Ext.P8 representation detailing the reasons for not completing the work within the contract period and informing that he is ready and willing to complete

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WP(C) NO.26206 OF 2022

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the work within 9 months, if he is exempted from risk and cost.

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Learned Counsel for the petitioner submitted that the petitioner will be satisfied with a direction to the 2^nd respondent to consider Ext.P8 representation.

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Considering the limited relief sought, notice to the respondents is dispensed with, and the writ petition is disposed of as under;

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The 2^nd respondent shall consider Ext.P8 and pass appropriate orders thereon, after affording an opportunity of hearing to the petitioner. The order, as directed above, shall be passed within one month of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE

NB/12-8

WP(C) NO.26206 OF 2022

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PETITION	ER’S	APPENDIX OF EXHIBITS	WP(C) 2	6206/2022
EXHIBIT	P1	TRUE COPY EXECUTED B	OF TH Y THE P	E AGREEMENT DATED 14.09.2020 ETITIONER AND 1ST RESPONDENT.
EXHIBIT	P2	TRUE COPY 24.08.2020	OF ISSUED	THE SELECTION NOTICE DATED BY THE 3RD RESPONDENT.
EXHIBIT	P3	TRUE COPY OVER THE S	OF THE ITE DAT	ACKNOWLEDGMENT FORM OF HANDING ED NIL TO THE PETITIONER.
EXHIBIT	P4	TRUE COPY	OF THE	SOIL TEST REPORT DATED NIL.
EXHIBIT	P5	TRUE COP	Y OF	THE REPRESENTATION DATED
		07.06.2021 SUBMITTED	BEFOR BY THE	E THE 3RD RESPONDENT BY PETITIONER.
EXHIBIT	P6	TRUE COP	Y OF	THE REPRESENTATION DATED
		13.06.2021	BEFORE	THE 3RD RESPONDENT.
EXHIBIT	P7	TRUE COPY BY THE 2ND	OF THE RESPON	NOTICE DATED 30/06/2022ISSUED DENT TO THE PETITIONER.
EXHIBIT	P8	TRUE COP	Y OF	THE REPRESENTATION DATED
		30/07/2022 PETITIONER	BEFORE .	THE 2ND RESPONDENT BY THE

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Anu Babu v. Kerala State Coastal Area Development Corporation

Case brief

What is this about?

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Anu Babu v. Kerala State Coastal Area Development Corporation

Case brief

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