A contractor sought consideration of its representation to the PWD Chief Engineer regarding work-related proceedings. The Court disposed of the writ petition directing the Chief Engineer to take up and decide the representation after hearing the petitioner and interested persons within one month.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945
WP(C) NO. 565 OF 2024
PETITIONER:
M/S. MALABAR CONSTRUCTIONS,
2ND FLOOR, MECHERY TOWER,
SOUTH CHALAKUDY, THRISSUR-680307,
REPRESENTED BY ITS PARTNER,
ABDUL BASHER C.A., AGED 43 YEARS,
S/O. C.K. AHAMMED HAJI, 360/B, TALAULIM,
NEAR DIANA SODA FACTORY, NAVELIM,
SOUTH GOA, GOA., PIN – 403707.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
ARCHANA K.S.
MOHAMMED SHAFI.K
NOEL EALIAS
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001.2CHIEF ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS),
PUBLIC OFFICE COMPLEX, PUBLIC OFFICE P.O.,
THIRUVANANTHAPURAM., PIN – 695033.
3 SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE., PIN – 673001.4 EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, ROADS DIVISION, PALAKKAD., PIN – 678001.5 ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT,WP(C) NO. 565 OF 2024
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ROADS SUB DIVISION,
PALAKKAD., PIN – 678001.
6ASSISTANT ENGINEER,
PUBLIC WORKS DEPARTMENT,
ROADS SECTION, PALAKKAD.,
PIN – 678001.
SMT VIDYA KURIAKOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.01.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 565 OF 2024
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JUDGMENT
Even though various assertions, averments
and allegations are made and urged in this Writ
Petition, when this matter was called today,
learned counsel for the petitioner confined his
plea that Ext.P11 representation preferred by
his client be directed to be taken up and
disposed of by the 2nd respondent – Chief
Engineer, within a time frame to be fixed by
this Court.
2.In response,Smt.Vidya Kuriakose –
learned Government Pleader, submitted that if
the petitioner only requires Ext.P11 to be taken
up and disposed of in terms of law, there does
not appear to be any legal impediment in doing
so; but prayed that this Court may not make any
affirmative declarations on their entitlement to
any relief and leave it to the competent
Authority to take a final decision as per law.
WP(C) NO. 565 OF 2024
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In the afore circumstances, I allow this
Writ Petition and direct the 2nd respondent to
take up Ext.P11 representation of the petitioner
and to dispose of the same, after affording
them, as also any other person who may be
interested, an opportunity of being heard; thus
culminating in an appropriate order and
necessary action thereon, as expeditiously as is
possible, but not later than one month from the
date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 565 OF 2024
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APPENDIX OF WP(C) 565/2024
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE PROCEEDING OF THE 3RD
RESPONDENT DATED 27.10.2020,
PERTAINING TO THE EXECUTION OF
AGREEMENT NO.SE(K)84/2020-21.
EXHIBIT P2TRUE COPY OF THE PROFORMA OF THE WORK,
COMPRISED IN THE AGREEMENT.
EXHIBIT P3TRUE COPY OF THE PROCEEDING DATED
6.11.2020 OF THE 6TH RESPONDENT.
EXHIBIT P4TRUE COPY OF THE PROCEEDING OF THE 6TH
RESPONDENT DATED 22.3.2023, ADDRESSED
TO THE BRANCH MANAGER, KERALA
FINANCIAL CORPORATION, KASARAGOD.
EXHIBIT P5TRUE COPY OF THE RELEVANT PAGE OF THE
PROCEEDING OF THE 4TH RESPONDENT DATED
28.4.2021 PERTAINING TO THE GSB AND
WMM, ADDRESSED TO THE 3RD RESPONDENT.
EXHIBIT P6TRUE COPY OF THE PROCEEDING DATED
18.6.2021 OF THE 3RD RESPONDENT.
EXHIBIT P6(A)TRUE COPY OF THE PROCEEDING DATED
6.6.2022 OF THE 4TH RESPONDENT.
EXHIBIT P7TRUE COPY OF THE PROCEEDING OF THE 6TH
RESPONDENT DATED 27.6.2023 ADDRESSED
TO THE 5TH RESPONDENT.
EXHIBIT P8TRUE COPY OF THE PROCEEDING OF THE 5TH
RESPONDENT DATED 30.6.2023 ADDRESSED
TO THE 4TH RESPONDENT.
EXHIBIT P9TRUE COPY OF THE PROCEEDING OF THE 4TH
RESPONDENT DATED 18.9.2023, ADDRESSED
TO THE 5TH RESPONDENT.
WP(C) NO. 565 OF 2024
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EXHIBIT P10TRUE COPY OF THE PROCEEDING OF THE 6TH
RESPONDENT DATED 25.9.2023 ADDRESSED
TO THE 5TH RESPONDENT.
EXHIBIT P11TRUE COPY OF THE REPRESENTATION DATED
17.11.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
1 issue framed by the court
Whether the 2nd respondent should be directed to consider and dispose of Ext.P11 representation within a time frame.
M/S. Malabar Constructions
State of Kerala
Chief Engineer, Public Works Department (Roads)
Superintending Engineer, Public Works Department, Roads North Circle
Executive Engineer, Public Works Department, Roads Division, Palakkad
Assistant Executive Engineer, Public Works Department, Roads Sub Division, Palakkad
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court