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Sajeeb S. v. State of Kerala

Kerala HC4 Apr 2023WP(C)/221/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, in a PIL concerning inadequate class rooms in two government high schools, directed the funding agency and implementing agency to expedite the approval of a revised proposal and float tenders for construction within one month of sanction.

What did the court decide?

Directed KIIFB to consider revised proposal expeditiously and KILA to float tenders within one month of sanction.

Sajeeb S. Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 4^TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945 WP(C) NO. 221 OF 2023

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PETITIONER/S:

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SAJEEB S.
AGED 42 YEARS
SAJEEB S., AGED 42 YEARS, S/O SIRAJUDEEN, VALAYIL
HOUSE, KANNAMPALLY BHAGOM, KEERIKKAD, KAYAMKULAM,
ALAPPUZHA DIST., PIN - 690502
BY ADV S.JUSTUS

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 690514

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3 KERALA INSTITUTE OF LOCAL ADMINISTRATION - KILA MULANKUNNATHUKAVU P.O., THRISSUR DIST. REPRESENTED BY ITS DIRECTOR GENERAL, PIN - 680581

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4 THE CHIEF ENGINEER (BUILDINGS) PUBLIC WORKS DEPARTMENT (PWD), MUSEUM P.O., THIRUVANANTHAPURAM, PIN - 695001

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5 K. SAJEEVAN PUITHENPURA THEKKATHIL, SOORANADU SOUTH, KAKKAKUNNU P.O., KOLLAM DIST., PIN - 690522

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6 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB)

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M.G. ROAD, STATUE, THIRUVANANTHAPURAM, PIN-695 001. REPRESENTED BY ITS CEO & MEMBER SECRETARY ADDL. R6 IS IMPLEADED VIDE ORDER DATED 17/01/2023 IN IA 1/23 IN WP(C)

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BY ADVS.

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V.A MUHAMMED

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S. SANTHOSH KUMAR

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W. P. (C) No. 221 of 2023

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BABY SUJATHA HARINDRANATH B G AMITH KRISHNAN H.

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OTHER PRESENT:

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TEKCHAND V. SR. GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W. P. (C) No. 221 of 2023

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J U D G M E N T

S. Manikumar, C. J.

Instant public interest litigation is filed by the petitioner seeking the following reliefs:-

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“i) Issue a writ of mandamus or other appropriate writ or order to direct the respondents to complete the above said work within a time frame as fixed by this Hon'ble Court;

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ii) Issue a writ of mandamus or other appropriate writ or order to direct the respondents 1 to 4 to take necessary action against the 5^th respondent Contractor.”

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Short facts leading to the filing of the writ petition are as under:-

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2.1. Petitioner is highlighting the situation of inadequate class

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rooms and other facilities in the Government Higher Secondary School, Sasthamkotta, and the Government Higher Secondary School, Thodiyoor, Kollam. The construction of new buildings of the abovesaid schools are started by demolishing the old building. After constructing some portion of the building, the 5^th respondent contractor

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W. P. (C) No. 221 of 2023

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has stopped the work. The abovesaid contracts ought to have been completed in October, 2020. Presently, the school is suffering from shortage of classrooms, toilets, kitchen and dining space, since the old building is demolished for construction of new building. Though the Headmistress and staff sent Ext. P1 petition to the Minister for Education to complete the abovesaid work, no action has been taken by the concerned authorities.

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The Director General, Kerala Institute of Local

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Administration (KILA), Thrissur, the 3^rd respondent, has filed a counter affidavit dated 15.01.2023 in the writ petition, which reads thus:-

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“Pursuant to the Tender Notice No. CM/KILA-KIIFBPMU/Tender 1/2020 dated 07.10.2020, the lowest tenderer Sri. Sajeevan had executed agreement No. 28/CL-5/CPMU/KILAKIIFB/2020-started construction of the buildings for Government Higher Secondary School, Sasthamkotta. Based on partial completion of the work, a part bill was received and an amount of Rs.38,51,258/- has been awarded by KIIFB. Thereafter, the Contractor stopped the work and raised some issues. He also filed WP.(C) No.14689/2022. On the basis of the directions thereon, the Contractor was heard and concluded for

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W. P. (C) No. 221 of 2023

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terminating the Contractor with his risk and cost.

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Pursuant to the Tender Notice No. CM/KILA-KIIFBPMU/Tender 01/2020 (6) dated 09.06.2021 the lowest tenderer Sri. Sajeevan had executed agreement No. 236/ CL-4/CPMU/KILA-KIIFB/2020-21 dated 29.9.2021. Due to some official hindrances, the Contractor cannot start the work on time. Thereafter, as per the Judgment in W.P. (C) No. 20943/2022, the above agreement has been terminated and issued Order No.PMU/CL-4/10/2020 dated 04.06.2022.

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Revised estimate for the construction of buildings for Government Higher Secondary School, Thodiyoor and had been prepared and issued revised Technical Sanction (TS) on 26.10.2022 and submitted to the KIIFB for the approval. Once approval is received from KIIFB tendering process will Commence.”

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Kerala Infrastructure Investment Fund Board (KIIFB), Thiruvananthapuram, the 6^th respondent, has filed a counter affidavit dated 30.03.2022, wherein it is submitted that the KIIFB had accorded sanction for funding the work in GHSS, Sasthamkotta, for an amount of Rs. 1.01 Crore vide Order No.GED003-07/APR-1/2020/KIIFB dated 29.07.2020. KIIFB had also accorded funding sanction for the work in GHSS, Thodiyoor, for an amount of Rs. 0.99 Crore vide order

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W. P. (C) No. 221 of 2023

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No. GED003- 06/PE-7-PAD/2020/KIIFB dated 28.10.2020. KIIFB is

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the funding agency for the project. The projects sanctioned by the KIIFB are to be executed by the respective project implementing agencies (SPVs – In this matter, the 3^rd Respondent - KILA) in a timely manner as per the norms prescribed by the KIIFB. In total, KIIFB has accorded funding sanction for infrastructure development in 14 schools for an amount of Rs.13.74 Crore.

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It is further submitted that the work in GHSS, Santhamkotta, has been stopped by SPV after partial completion in August 2021. A closure agreement has been executed with risk and cost. It is learnt that SPV is waiting for revised Administrative Sanction from the Government for resuming the work. The work has to be retendered by the SPV after obtaining Administrative Sanction from the Government with a revised DSR.

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It is also submitted that the work in GHSS, Thodiyoor, was tendered by SPV. However, the site was not handed over to the contractor due to the delay in demolition of the existing structure. The SPV has submitted a revised estimate for the sub project for the

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W. P. (C) No. 221 of 2023

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inclusion of one more school in the sub project and GHSS, Thodiyoor, is one among them. The revised proposal has been submitted by SPV to KIIFB only on 20.02.2023 and the same is under consideration. KIIFB shall accord revised sanction for the project after scrutinizing the proposal at the earliest.

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That apart, it is submitted that as per the Tripartite Agreement executed amongst KILA, Government of Kerala, and KIIFB, the SPV is ultimately responsible for the implementation of the projects, including monitoring the progress, ensuring the quality and timely completion, as stipulated in the DPR. As a funding agency, KIIFB’s role in the same is limited.

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Today, when the matter came up for hearing, Mr. B. G. Harindranath, learned counsel for the KIIFB, the 6^th respondent, submitted that the revised proposal has been submitted by the KILA only on 20.02.2023, and the same is under consideration.

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Mr. V. A. Muhammed, learned counsel for the KILA, the 3^rd respondent, submitted that once approval is received from KIIFB, tendering process will commence.

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W. P. (C) No. 221 of 2023

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In such circumstances, KIIFB, the 6^th respondent, is directed

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to consider the revised proposal submitted by KILA on 20.02.2023, as expeditiously as possible. KILA, the 3^rd respondent, is directed to float tenders for the work of construction of the school buildings, by not later than one month after obtaining sanction from KIIFB on the revised proposal, and finalize the same, as expeditiously as possible.

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We make it clear that since it is a public cause, there shall not be any undue delay in the process of commencement and completion of the construction of school buildings.

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Accordingly, writ petition is disposed of.

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Sd/-

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S. MANIKUMAR CHIEF JUSTICE

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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///TRUE COPY/// P. A. TO JUDGE

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W. P. (C) No. 221 of 2023

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APPENDIX OF WP(C) 221/2023

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PETITIONER EXHIBITS

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EXHIBIT-P1TRUE COPY OF THE PETITION TO THE
MINISTER FOR EDUCATION DATED NIL ALONG
WITH ENGLISH TRANSLATION
EXHIBIT-P2TRUE COPY OF THE RELEVANT PAGE OF THE
MATHRUBHUMI DAILY DATED 07.04.2022 ALONG
WITH ENGLISH TRANSLATION
RESPONDENT EXHIBITS
EXT. R-3 (A)EXHIBIT R-3 (A) TRUE COPY OF THE ORDER
NO. CM/KILA-KIIFB PMU/CL-5/36/2020 DATED
29.11.2022 OF THE CHIEF MANAGER ALONG
WITH ENGLISH TRANSLATION
EXT. R-3 (B)EXHIBIT R-3 (B) TRUE COPY OF THE ORDER
NO. CM/KILA-KIIFB PMU/CL-4/10/2020 DATED
04.08.2022 OF THE CHIEF MANAGER ALONG
WITH ENGLISH TRANSLATION

Sajeeb S. v. State of Kerala

Case brief

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What did the court decide?

Sajeeb S. v. State of Kerala

Case brief

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