Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 12TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945 WP(C) NO. 30571 OF 2023 PETITIONER:
M/S. K. T. MATHEW & CO. KOCHUMUTTOM CONSTRUCTIONS KOCHUMUTTOM,AVOLY P.O, MUVATTUPUZHA REPRESENTED BY ITS MANAGING PARTNER K.T MATHEW, AGED 86, S/O LATE THOMAS, PIN - 686670 BY ADVS.
SANTHOSH P.ABRAHAM M.RAJ MOHAN RESPONDENTS:
1 THE SUPERINTENDING ENGINEER, PWD BRIDGES NORTH CIRCLE, THONDAYAD KOZHIKODE, PIN - 673017 2 THE EXECUTIVE ENGINEER PWD BRIDGES DIVISION KAKKANAD, EMAKULAM., PIN - 682021 3 THE CHIEF ENGINEER, PWD BRIDGES DIVISION, VIKAS BHAVAN P.O THIRUVANANTHAPURAM, PIN - 695033 4 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM ., PIN - 695001 5 ADDL.R5 THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM -695001 [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 26.09.2023 IN I.A-1/2023 IN WP(C) 30571/2023] SRI MOHAMMED RAFIQ-SPL.GP(TAXES) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30571 OF 2023 2 JUDGMENT Amidst the various allegations, averments and assertions made and urged in this writ petition, the learned counsel for the petitioner confined his plea that the fourth respondent be directed to take up and dispose of Ext.P15 application made by them, within a time frame to be fixed by this Court.
2. Sri.Mohammed Rafiq - learned Special Government Pleader, in response, submitted that if the petitioner only requires Ext.P15 to be taken up and disposed of by the fourth respondent, there does not appear to be any legal impediment in doing so; however, praying that this Court may not make any affirmative declarations and leave it to the said Authority to take an apposite decision, as per law.
3. In the afore circumstances and without entering into the merits of the contents of the rival parties, I allow this writ petition and direct the fourth respondent to take up Ext.P15 application of the petitioner and dispose it of, after affording an opportunity of being heard to him, thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
WP(C) NO. 30571 OF 2023 3 Needless to say, If, through the afore exercise, any amounts are found eligible to the petitioner - company, the same shall be disbursed to them within a further period of two months thereafter.
Sd/- DEVAN RAMACHANDRAN JUDGE stu
WP(C) NO. 30571 OF 2023 4 APPENDIX OF WP(C) 30571/2023 PETITIONER EXHIBITS Exhibit P1 TRUE
COPY
OF
THE
AGREEMENT NO.124/SECCA/2016-17
DATED
29-11-2016 ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT Exhibit P1(a) TRUE COPY OF THE E- GOVERNMENT PROCUREMENT (E-GP) NOTICE INVITING TENDER NO.PQ1/2014- 15[PQ.14/SECCA/2015-16] DATED 27-02-2016 BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE TAX INVOICE NO.KTM 08/19- 20 DATED 03-02-2020 Exhibit P2(a) TRUE COPY OF THE TAX INVOICE NO.KTM 01/2020-21 DATED 30-06-2020 Exhibit P2(b) TRUE COPY OF THE TAX INVOICE NO.KTM 12/2020-21 DATED 31-08-2020 Exhibit P2(c) TRUE COPY OF THE TAX INVOICE NO.KTM 24/2020-21 DATED 24-11-2020 Exhibit P2(d) TRUE COPY OF THE TAX INVOICE NO.KTM 46/2020-21 DATED 27-02-2021 Exhibit P2(e) TRUE COPY OF THE TAX INVOICE NO.KTM 59/2020-21 DATED 31-03-2021 Exhibit P2(f) TRUE COPY OF THE TAX INVOICE NO.KTM 08/2021-22 DATED 27- 07-2021 Exhibit P2(g) TRUE COPY OF THE TAX INVOICE NO.KTM 18/2021-22 DATED 11-02-2022 IS PRODUCED Exhibit P2(h) TRUE COPY OF THE TAX INVOICE NO.KTM 1/22-2 DATED 23-06-2022 Exhibit P2(i) TRUE COPY OF THE TAX INVOICE NO.KTM 3/22-2 DATED 04-07- 2022 Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER GO (P) NO.87/2017/FIN DATED 05-07-2017
WP(C) NO. 30571 OF 2023 5 Exhibit P4 TRUE COPY OF THE CIRCULAR NO.90/2017/FIN DATED 14-12-2017 ISSUED BY THE STATE GOVERNMENT Exhibit P5 THE STATE GOVERNMENT REITERATED THE POSITION AND ORDERED TO PAY CONTRACTORS FOR THE TOTAL VALUE OF THE WORKS AT CONTRACT RATES PLUS THE APPLICABLE GST RATE BY CIRCULAR NO.18/2019/FIN DATED 01-03-2019 Exhibit P6 TRUE COPY OF THE GOVERNMENT ORDER G.O (P) NO.173/2019/FIN DATED 22-12-2019 ISSUED BY THE STATE GOVERNMENT Exhibit P7 TRUE COPY OF THE ORDER NO.DCKLM- 11865/2022/F4 DATED 04-11- 2022 ISSUED BY THE DISTRICT COLLECTOR, KOLLAM Exhibit P8 TRUE COPY OF THE CIRCULAR NO.79/2022/FIN DATED 15-09-2022 Exhibit P9 TRUE COPY OF THE REQUEST NO.KTM/CB/27/22-23 DATED 30-11-2022 SUBMITTED BEFORE THE 2ND RESPONDENT Exhibit P 10 TRUE COPY OF THE REQUEST NO.KTM/CB/01/23-24 DATED 25-04-2023 SUBMITTED BEFORE THE 1ST RESPONDENT Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 24- 08-2023 BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P12 TRUE COPY OF THE JUDGMENT IN W.P© NO.4649/2022 DATED 11-02-2022 Exhibit P13 TRUE COPY OF THE DECISION OF THE JUDGMENT DATED 07-06-2018 IN W.P(C) 13630 OF 2018 Exhibit P14 TRUE COPY OF THE HIGH COURT OF KARNATAKA IN W.P NO.9721 OF 2019 [T-RES] AND CONNECTED CASES DATED 11-4-2023 Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED 24- 08-2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT