Dismissed

Paul P.P v. State of Kerala

Kerala HC11 Jul 2023WP(C)/758/2021

Case brief

AI extract

What is this about?

The High Court of Kerala held that the dispute regarding balance payment in completed government works was not suitable for determination in writ petitions. Petitioners were directed to exhaust alternative remedies to recover dues, with pendency to be excluded from limitation calculations.

What did the court decide?

Writ petitions closed; petitioners directed to approach appropriate authority for recovery of amount due.

Paul P.P Vs State of Kerala — Service and Employment | 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 MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
WP(C) NO. 758 OF 2021

¶4

PETITIONER:

¶5

PAUL P.P
AGED 49 YEARS, S/O PAULO,
PULLAN HOUSE, NADUVATTOM.P.O,
CONVENT ROAD,KALADY VIA,KALADY,
ERNAKULAM DISTRICT, PIN-683574.
BY ADVS.
S.RENJITH
SRI.K.R.PRATHISH

¶6

RESPONDENTS:

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1 STATE OF KERALA REP. BY THE SECRETARY, FOREST AND WILDLIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.

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2 CHIEF CONSERVATOR OF FOREST, FOREST HEADQUARTERS,NANDAVANAM, VAZHUTHACAUD,THIRUVANANTHAPURAM, PIN-695014.

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3 DIVISIONAL FOREST OFFICER, MALAYATTOOR DIVISION, KODANAD.P.O, ERNAKULAM DISTRICT, PIN-683544. BY ADV. SANGEETH C.U, GOVERNMENT PLEADER

¶10

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.07.2023, ALONG WITH WP(C).800/2021, 822/2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:

¶11

WP(C).Nos.758, 800 & 822 of 2021

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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 P.V.KUNHIKRISHNAN
TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
WP(C) NO. 800 OF 2021

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PETITIONER:

¶17

PAUL P.P
AGED 49 YEARS
S/O.PAULO, PULLAN HOUSE, NADUVATTOM P.O.,
CONVENT ROAD, KALADY VIA, KALADY,
ERNAKULAM DISTRICT, PIN 683 574
BY ADVS.
S.RENJITH
SRI.S.UNNIKRISHNAN (NELLAD)

¶18

RESPONDENTS:

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1STATE OF KERALA
REP.BY THE SECRETARY,
FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

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2 CHIEF CONSERVATOR OF FOREST FOREST HEADQUARTERS, NANDAVANAM VAZHUTHACAUD, THIRUVANANTHAPURAM PIN 695 014

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3 DIVISIONAL FOREST OFFICER MALAYATTOOR DIVISION, KODANAD P.O., ERNAKULAM DISTRICT, PIN 683 544 BY ADV.SANGEETH C.U, GOVERNMENT PLEADER

¶22

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.07.2023, ALONG WITH WP(C).758/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

¶23

WP(C).Nos.758, 800 & 822 of 2021

¶24

¶25

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶26

PRESENT

¶27

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 11TH DAY OF JULY 2023 / 20TH ASHADHA, 1945
WP(C) NO. 822 OF 2021

¶28

PETITIONER:

¶29

SHAIJU K.K
AGED 50 YEARS
S/O. KUMARAN, KANAKKASSERIL HOUSE,
MANICKAMANGALAM P.O, THOTTAKAM,
ERNAKULAM DISTRICT, PIN 683574
BY ADVS.
S.RENJITH
SRI.K.R.PRATHISH

¶30

RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, FOREST AND WILD LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

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2 CHIEF CONSERVATOR OF FOREST, FOREST HEADQUARTERS, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM PIN 695 014

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3 DIVISIONAL FOREST OFFICER, MALAYATTOOR DIVISION, KODANAD P.O, ERNAKULAM DISTRICT PIN 683544

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BY ADV.SANGEETH C.U, GOVERNMENT PLEADER

¶35

THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 11.07.2023, ALONG WITH
WP(C).758/2021 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶36

WP(C).Nos.758, 800 & 822 of 2021

¶37

¶38

P.V.KUNHIKRISHNAN, J.

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W.P.(C).Nos.758, 800 & 822 of 2021 ---------------------------------------------Dated this the 11^th day of July, 2023

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JUDGMENT

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These writ petitions are filed stating that even though the work was completed in the year 2018, only part bill is received and final bill is not raised.

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Today, when these writ petitions came up for consideration, the Special Government Pleader (Forest) submitted that the admitted bill amount is already paid. Regarding the balance payment, there is dispute. If that be the case, this Court cannot decide the same in a writ petition under Article 226 of the Constitution of India. The petitioner has to avail appropriate alternative remedy to recover any amount due in accordance with law.

¶43

Therefore, these writ petitions are closed, leaving open all the contentions raised in these writ petitions. The petitioners are free to agitate their claim before appropriate authority to recover the amount in accordance with law. If any

¶44

WP(C).Nos.758, 800 & 822 of 2021

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such proceedings are initiated, the time during which these writ petitions are pending before this Court shall be excluded

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by the authority concerned while calculating limitation, if any.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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¶51

WP(C).Nos.758, 800 & 822 of 2021

¶52

¶53

APPENDIX OF WP(C) 800/2021

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RESPONDENT EXHIBITS
EXHIBIT R3(a)TRUE COPY OF THE SANCTIONED ESTIMATE
NO.FDA-CEO-65/MTCE/2017-18 FOR
RS.12,80,000/-
EXHIBIT R3(b)TRUE COPY OF THE RELEVANT PAGES OF M-
BOOK
EXHIBIT R3(a)TRUE COPY OF LETTER NO.K.P/713/2016
DATED 19.06.2019
EXHIBIT R3(b)TRUE COPY OF REPORT NO.K.P/713/2019
DATED 09.08.2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE BID CONFIRMATION
DATED 9.7.2018
EXHIBIT P2TRUE COPY OF THE BOQ (BILL OF
QUANTITIES)
EXHIBIT P3TRUE COPY OF THE AGREEMENT DATED
29.9.2018 EXECUTED BY THE PETITIONER
AND THE 3RD RESPONDENT
EXHIBIT P4TRUE COPY OF THE LETTER DATED
12.11.2018 ISSUED BY THE 3RD
RESPONDENT OFFICE
EXHIBIT P5TRUE COPY OF THE MEMORANDUM OF PAYMENT
EXHIBIT P6TRUE COPY OF THE LETTER DATED
25.6.2020 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT
EXHIBIT P7TRUE COPY OF THE PAPER REPORT MALAYALA
MANORAMA DAILY DATED 23.12.2020
EXHIBIT P9PHOTOGRAPHS SHOWING THE ERECTION OF
PIPE IN THE SITE
Exhibit P10TRUE COPY OF THE APPLICATION UNDER
RIGHT TO INFORMATION ACT DATED
24.11.2022 BEFORE THE FOREST RANGE
OFFICE KUTTAMPUZHA
Exhibit P11. TRUE COPY OF THE REPLY DATED
28.12.2022 BY FOREST RANGE OFFICE
KUTTAMPUZHA TO THE APPLICATION UNDER
RIGHT TO INFORMATION ACT

¶55

WP(C).Nos.758, 800 & 822 of 2021

¶56

¶57

APPENDIX OF WP(C) 822/2021

¶58

RESPONDENT EXHIBITS
EXHIBIT R3(a)TRUE COPY OF THE SANCTIONED ESTIMATE
NO.FDA-CEO-98/MTCE/2017-18 FOR
RS.2,78,000/-
EXHIBIT R3(b)TRUE COPY OF THE RELEVANT PAGES OF M-
BOOK
EXHIBIT R3(a)TRUE COPY OF THE REPORT DATED
30.07.2021 OF TEH RANGE FOREST
OFFICER, KUTTAMPUZHA RANGE
EXHIBIT R3(a)TRUE COPY OF LETTER NO.K.P. 713/2016
DATED 19.06.2019
EXHIBIT R3(B)TRUE COPY OF REPORT NO. K.P/713/2019
DATED 09.08.2019
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE BID CONFIRMATION
DATED 09-07-2018
EXHIBIT P2TRUE COPY OF THE BOQ (BILL OF
QUANTITIES)
EXHIBIT P3TRUE COPY OF THE LETTER OF
CONFIRMATION OF TENDER ISSUED BY THE
OFFICE OF THE 3RD RESPONDENT DATED 31-
08-2018
EXHIBIT P4TRUE COPY OF THE AGREEMENT DATED 29-
09-2018 EXECUTED BY THE PETITIONER AND
THE 3RD RESPONDENT
EXHIBIT P5TRUE COPY OF THE LETTER DATED 12-11-
2018 ISSUED BY THE 3RD RESPONDENT
OFFICE
EXHIBIT P6TRUE COPY OF THE LETTER DATED 19-06-
2019 ISSUED BY THE 3RD RESPONDENT
OFFICE TO THE PETITIONER
EXHIBIT P7TRUE COPY OF THE MEMORANDUM OF PAYMENT
EXHIBIT P8TRUE COPY OF THE LETTER DATED 25-06-
2020 SUBMITTED BY THE PETITIONER TO
THE 3RD RESPONDENT
EXHIBIT P9TRUE COPY OF THE PAPER REPORT MALAYALA
MANORAMA DAILY DATED 23-12-2020
EXHIBIT P9TRUE MODEL PHOTOGRAPHS SHOWING THE

¶59

WP(C).Nos.758, 800 & 822 of 2021

¶60

¶61

ERECTION OF PIPE IN ANOTHER SITE
Exhibit P10TRUE COPY OF THE APPLICATION UNDER
RIGHT TO INFORMATION ACT DATED
24.11.2022 BEFORE THE FOREST RANGE
OFFICE KUTTAMPUZHA
Exhibit P11TRUE COPY OF THE REPLY DATED
28.12.2022 BY FOREST RANGE OFFICE
KUTTAMPUZHA TO THE APPLICATION UNDER
RIGHT TO INFORMATION ACT

¶62

WP(C).Nos.758, 800 & 822 of 2021

¶63

¶64

APPENDIX OF WP(C) 758/2021

¶65

PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE BOQ (BILL OF
QUANTITIES).
EXHIBIT P2TRUE COPY OF THE AGREEMENT DATED
18.05.2018 EXECUTED BY THE PETITIONER
AND THE 3RD RESPONDENT.
EXHIBIT P3TRUE COPY OF THE AGREEMENT DATED
18.05.2018 EXECUTED BY THE PETITIONER
AND THE 3RD RESPONDENT
EXHIBIT P4TRUE COPY OF THE LETTER DATED
18.05.2018 ISSUED BY THE 3RD
RESPONDENT OFFICE.
EXHIBIT P5TRUE COPY OF THE LETTER DATED
19.06.2019 ISSUED BY THE 3RD
RESPONDENT OFFICE TO THE PETITIONER.
EXHIBIT P6TRUE COPY OF THE MEMORANDUM OF
PAYMENT.
EXHIBIT P7TRUE COPY OF THE LETTER DATED
25.06.2020 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT.
EXHIBIT P8TRUE COPY OF THE PAPER REPORT MALAYALA
MANORAMA DAILY DATED 23.12.2020.
Exhibit P9TRUE SAMPLE PHOTOGRAPHS SHOWING THE
ERECTION OF PIPE AS MENTIONED IN
ANOTHER SITE.

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RESPONDENT EXHIBITS

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Exhibit R3(b)True copy of the report No. K.P.
713/2019 dtd 9/8/2019
exhibit R3(a)True copy of the letter
No.K.P.713/2016 dtd 19/6/2019
PETITIONER EXHIBITS
Exhibit P10TRUE COPY OF THE APPLICATION UNDER
RIGHT TO INFORMATION ACT DATED
24.11.2022 BEFORE THE FOREST RANGE
OFFICE KUTTAMPUZHA
Exhibit P11TRUE COPY OF THE REPLY DATED
19.12.2022 BY FOREST RANGE OFFICE
KUTTAMPUZHA TO THE APPLICATION UNDER

¶68

WP(C).Nos.758, 800 & 822 of 2021

¶69

¶70

RIGHT TO INFORMATION ACT
Exhibit P12TRUE COPY OF THE REPLY DATED
28.12.2022 BY FOREST RANGE OFFICE
KUTTAMPUZHA TO THE APPLICATION UNDER
RIGHT TO INFORMATION ACT

Paul P.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Paul P.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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