Disposed

Malabar Associates v. the Chief Engineer

Kerala HC23 Aug 2022WP(C)/27109/2022

Case brief

AI extract

What is this about?

Petitioner challenged deduction of Rs. 58 lakhs from final bill due to use of alternative materials. Court directed 1st respondent to consider petitioner's representation and pass reasoned orders within three months after hearing.

What did the court decide?

1st respondent directed to consider petitioner's representation (Ext.P4) and pass reasoned orders within three months after hearing.

Malabar Associates Vs the Chief Engineer — Service and Employment | 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 23RD DAY OF AUGUST 2022 / 1ST BHADRA, 1944

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WP(C) NO. 27109 OF 2022

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PETITIONER:

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M/s.MALABAR ASSOCIATES
CITY GATE, BYPASS JUNCTION,
KACHERIPADI, MANJERI, MALAPPURAM DISTRICT,
PIN-676121, REPRESENTED BY ITS MANAGING PARTNER,
P.AHAMEDKUTTY, AGED 57 YEARS,
SON OF AHAMED MUSSILIYAR, PALLIYALIL HOUSE,
VELLILA.P.O, MANKADA,
MALAPPURAM DISTRICT.

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BY ADV K.M.SATHYANATHA MENON

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RESPONDENTS:

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1THE CHIEF ENGINEER
PUBIC WORKS DEPARTMENT ROADS,
PUBLIC OFFICE, MUSEUM.P.O,
THIRUVANANTHAPURAM,
PIN-695033.

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2 THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS(E) DEPARTMENT, THIRUVANANTHAPURAM,PIN-695001.

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BY SMT.AMMINIKUTTY K, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) No. 27109 OF 2022

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V. G. ARUN, J.

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=========================== WP(C) No.27109 of 2022

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============================ Dated this the 23^rd day of August, 2022

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JUDGMENT

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The petitioner was entrusted with the work “improvement to Edaikkal Koottilakkadavu Road 0/000 to 12/700 km and Kariyodu Elumbalasseri road 0/000 to 1/850km in Palakkad district (Lt.Colonel Niranjan Road)” by the Public Works Department, Government of Kerala in the year 2016.

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According to the petitioner, during execution of the BM &BC work, there was shortage of NRMB and the petitioner was compelled to use CRMB and VG-30 with permission. After completing the work, petitioner submitted its final bill. The petitioner’s grievance is regarding reduction of Rs.58,23,213/- from the final bill for the reason that petitioner had used CRMB and VG-30 instead of NRMB.

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Learned Counsel for the petitioner submits that deduction of the exorbitant amount of Rs.58,23,213/- is illegal and if at all any deduction could be made, that is only of an

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WP(C) No. 27109 OF 2022

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amount of Rs.5,39,852.76. Pointing out this fact and requesting to refund the balance amount, the petitioner has preferred Ext.P4 representation. It is submitted that the petitioner will be satisfied, by the 1^st respondent being directed to consider Ext.P4 and pass orders thereon.

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Learned Government Pleader submits that the question whether the petitioner was permitted to use CRMB instead of NRMB will have to be considered on the basis of documents and a decision with respect to the claim can be taken thereafter.

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This writ petition is accordingly disposed of directing the 1^st respondent to consider Ext.P4 representation and pass reasoned orders thereon, after affording an opportunity of hearing to the petitioner. The order, as directed above, shall be passed within three months of receipt of copy of this Judgment.

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Sd/V. G. ARUN JUDGE

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WP(C) No. 27109 OF 2022

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APPENDIX OF WP(C) 27109/2022

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
ASSISTANT ENGINEER, PWD ROADS SECTION,
MANNARKKAD DATED 22.05.2020.
Exhibit P2A TRUE COPY OF THE REPRESENTATION DATED
22.05.2021 SUBMITTED BY THE PETITIONER
BEFORE THE ASSISTANT ENGINEER, PWD ROADS
SECTION, MANNARKKAD.
Exhibit P3A TRUE COPY OF THE COMMUNICATION DATED
28.12.2021 OF THE ASSISTANT EXECUTIVE
ENGINEER TO THE EXECUTIVE ENGINEER,PWD
ROADS DIVISION, PALAKKAD.
Exhibit P4A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT DATED 5.08.2022.
Exhibit P5A TRUE COPY OF THE RECEIPT ISSUED FROM
PROFESSIONAL COURIER FOR FORWARDING EXT
P4.

Malabar Associates v. the Chief Engineer

Case brief

What is this about?

What did the court decide?

Malabar Associates v. the Chief Engineer

Case brief

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What did the court decide?

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