Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 28TH DAY OF FEBRUARY 2024 / 9TH PHALGUNA, 1945 WP(C) NO. 15577 OF 2022 PETITIONER:
SUJITH S AGED 27 YEARS, S/O SURENDRAN, M/S SUJITH SOLAR POWER, RESIDING AT VILAVINAL (H), NJAKKUNILAM P.O, VALLICKODE- KOTTAYAM, PATHANAMTHITTA DISTRICT - 689656 BY ADVS.
MANU RAMACHANDRAN M.KIRANLAL T.S.SARATH R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN HARSHA SUSAN SAM RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF FOREST AND WILDLIFE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001 2 THE CHIEF CONSERVATOR OF FOREST SOUTHERN CIRCLE, OFFICE OF CCF (SOUTHERN CIRCLE), CHAMAKADA, KOLLAM, PIN - 691001 3 DIVISIONAL FOREST OFFICER DIVISIONAL FOREST OFFICE, PUNALUR, KOLLAM DISTRICT - 691 305.
4 RANGE FOREST OFFICER RANGE FOREST OFFICE, PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695 5 DEPUTY RANGE FOREST OFFICER FOREST STATION, AMBANAAR, KOLLAM DISTRICT- 689 696 BY ADV.
SRI.T.P.SAJAN, SPL. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Even though there are various assertions, allegations and averments made and urged in this writ petition, when this matter was called today, the learned counsel for the petitioner submitted that, if the 3rd respondent is directed to take up Ext.P4 representation and dispose it of within a time frame to be fixed by this Court, his client will be satisfied for the time being, because what he has requested therein is the release of the bill amount for the additional work done by him, as also his profit, with applicable GST, which is liable to be honoured to him as per Ext.P1 and P1(a).
2. The learned Special Government Pleader for Forests – Sri.T.P.Sajan, submitted that, if the petitioner only requires Ext.P4 to be taken up and disposed of, there does not appear to be any legal impediment for the 3rd respondent in doing so; but prayed that this Court may not make any affirmative declarations in his favour and leave it to the said respondent to take an appropriate decision thereon, as per law.
3. In the afore circumstances, I direct the 3rd respondent to take up Ext.P4 representation of the petitioner and dispose of the same, after affording him an opportunity of being heard, specifically adverting to his plea for payment of the additional
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amount for additional work done by him, along with applicable GST and contractor's profit, adverting to Ext.P2; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
4. Needless to say, if, through the afore exercise, any amounts are found due to the petitioner, the same shall be disbursed to him within a period of two months thereafter.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE anm
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APPENDIX OF WP(C) 15577/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER NO.PL1- 3093/2020 DATED 03.08.2020 IN RESPECT OF MICAMON-KAKKAPONNU AREAS ISSUED BY THE 3RD RESPONDENT .
Exhibit P1(a) THE TRUE COPY OF THE ORDER NO.PL1- 3095/2020 DATED 03.08.2020 IN RESPECT OF PERUMTHOL-CHENGAPPARA AREAS ISSUED BY THE 3RD RESPONDENT .
Exhibit P2 THE TRUE COPY OF THE G.O.(MS) NO.
26/2017/F&WLD DATED 20.05.2017 ALONG WITH THE RELEVANT EXTRACT OF GUIDELINES FOR THE CONTRACT SYSTEM FOR IMPLEMENTATION OF VARIOUS FORESTRY OPERATIONS IN KERALA FOREST DEPARTMENT .
Exhibit P3 THE FOREST DEPARTMENT IN DUE COMPLIANCE USED TO PREPARE ESTIMATE INCLUDING 'CONTRACTOR'S PROFIT' WITH APPLICABLE GST ALL OVER KERALA. THE TRUE COPY OF THE ESTIMATE
VIDE
NO.DE-120/ORGL/2021-22 REGARDING INSTALLATION OF SOLAR FENCE IN GOODRICAL RANGE Exhibit P3(a) THE TRUE COPY OF THE ESTIMATE VIDE NO.111/ORGL/2021-22 REGARDING INSTALLATION OF SOLAR FENCE IN RANNI RANGE.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 21.04.2022 PREFERRED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS ALONG WITH PRINT OUT OF EMAIL DATED 21.04.2022 RESPONDENT ANNEXURES Annexure R3(a) TRUE COPY OF THE E-TENDER NOTICE PL 1- 3091/2020 DTD 19/6/2020 ISSUED BY THE DIVISIONAL
FOREST
OFFICER
PUNALUR DIVISION.
Annexure R3(b) TRUE COPY OF THE AGREEMENT NO.05/2020-2021 DTD 7/8/2020 Annexure R3(c) TRUE COPY OF THE AGREEMENT NO.06/2020-21 DTD 7/8/2020 Annexure R3(d) TRUE COPY OF THE LETTER NO.PL 1 3093/2020 DTD 10/5/2022