The Court disposed of a writ petition filed by a contractor regarding non-disbursement of payments and termination of a government contract. The High Court directed the Superintending Engineer to finalize specific proceedings for quantification and pass orders within six weeks.
Notice to finalize proceedings extending to six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 24TH DAY OF JANUARY 2023 / 4TH MAGHA, 1944
WP(C) NO. 1053 OF 2023
PETITIONER
SIBI N.K.
AGED 44 YEARS
S/O. KUMARAN, CONTRACTOR, NADUPARAMBIL HOUSE,
VELAMCODE P.O., KODENCHERRY - VIA, KOZHIKODE DISTRICT.,
PIN - 673580
BY ADVS.
BABU JOSEPH KURUVATHAZHA
MOHAMMED SHAFI.K
K.S.ARCHANA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 0012 CHIEF ENGINEERPUBLIC WORKS DEPARTMENT (ROADS), PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM ., PIN - 6950333 SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE., PIN - 6730014 EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, ROADS DIVISION, PWD COMPLEX, MANANCHIRA, KOZHIKODE., PIN - 6730015 ASSISTANT EXECUTIVE ENGINEERPUBLIC WORKS DEPARTMENT, ROADS SUB DIVISION, KOYILANDY, KOZHIKODE DISTRICT., PIN – 673305SMT.DEEPA N. SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.1053 OF 2023
2
JUDGMENT
This writ petition is filed by the petitioner seeking the
following reliefs:-
“i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the payment covered by Ext.P5 bill or to permit the petitioner to make use of the Bill Discounting Facility, forthwith;
ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to register the 2nd part and final bill, pertaining to agreement No.SE(K)101/2018-19 dated 01.11.2018, forthwith;
iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to quantify the liability in pursuance to Exts.P7 and P8 proceedings, with notice to the petitioner, forthwith; “
agreement dated 01.12.2018 with the 3rd respondentSuperintending Engineer, Public Works Department, Roads North Circle, Mananchira, Kozhikode. However, on 28.12.2021 as per Ext.P1, the agreement was terminated at the risk and cost of the petitioner. On 08.02.2022, the 3rd respondent issued Ext.P8 re-tender notification to rearrange the balance work remaining under the agreement
WP(C) NO.1053 OF 2023
3
dated 01.12.2018. On 12.08.2022, the 4th respondentExecutive Engineer, Public Works Department, Roads Sub Division, Mananchira, Kozhikode, forwarded Ext.P10 proceedings to the Manager, SBI Thamarassery Town extending the readiness on the part of the Public Works Department to transfer an amount of Rs.1,38,79,200/pertaining to Ext.P5 Bill worth Rs.1,61,68,115/-.
WP(C) NO.1053 OF 2023
4
order to arrive at a conclusion and even though various contentions are raised in this writ petition with respect to the termination and other aspects, in view of the factual background, this Court would not be in a position to take a decision and arrive at a logical conclusion.
Having heard the learned counsel for the petitioner Sri.Babu Joseph Kuruvathazha and the learned Senior Government Pleader Smt.Deepa N., and perusing the pleadings and material on record, the writ petition is disposed of directing the 3rd respondent to finalise Ext.P9 at the earliest and at any rate, within six weeks from the date of receipt of a copy of this judgment. The petitioner would be guided by the orders passed so by the 3rd respondent.
sd/-
SHAJI P.CHALY JUDGE
hmh
WP(C) NO.1053 OF 2023
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APPENDIX OF WP(C) 1053/2023
PETITIONER EXHIBITS
Exhibit P1 |
TRUE COPY OF THE PROCEEDING DATED1.11.2018 OF THE 3RD RESPONDENT. |
|---|---|
Exhibit P2 |
TRUE COPY OF THE PROFORMA SIGNED BY THEPETITIONER AS WELL AS THE 3RDRESPONDENT, ATTACHED TO EXT.P1. |
Exhibit P3 |
TRUE COPY OF THE ORDER NO.E 1415/2019DATED 22.10.2019 ISSUED BY THEASSISTANT CONSERVATOR OF FORESTS,SOCIAL FORESTRY DIVISION, KOZHIKODE. |
Exhibit P4 |
TRUE COPY OF THE REPRESENTATION DATED23.7.2021 SUBMITTED BY THE PETITIONERBEFORE THE 5TH RESPONDENT. |
Exhibit P5 |
TRUE COPY OF THE 1ST PART BILL OF THEPETITIONER WORTH RS.1,61,68,115/-.TRUECOPY OF THE 1ST PART BILL OF THEPETITIONER WORTH RS.1,61,68,115/-. |
Exhibit P6 |
TRUE COPY OF THE REPRESENTATION DATED10.8.2021 SUBMITTED BY THE PETITIONERBEFORE THE 3RD RESPONDENT. |
Exhibit P7 |
TRUE COPY OF THE ORDER DATED 28.12.2021ISSUED BY THE 3RD RESPONDENT. |
Exhibit P8 |
TRUE COPY OF THE NOTICE INVITING TENDERBEARING NO.PWD/2021-22/10752/NORTHCIRDATED 8.2.2022 ISSUED BY THE 3RDRESPONDENT. |
Exhibit P9 |
TRUE COPY OF THE REPRESENTATION DATED27.11.2022 SUBMITTED BY THE PETITIONERBEFORE THE 3RD AND 4TH RESPONDENTS. |
Exhibit P10 |
TRUE COPY OF THE LETTER DATED 12.8.2022FORWARDED BY THE 4TH RESPONDENT TO THEBRANCH MANAGER, STATE BANK OF INDIA,THAMARASSERY TOWN BRANCH. |
1 issue framed by the court
Whether the writ petitioner is entitled to be directed to finalize quantification proceedings for terminated work. Whether the respondent authorities are to be directed to quantify the liability and f
SIBI N.K.
STATE OF KERALA
CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT
SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT
EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT
SMT.DEEPA N.
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court