Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 22ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945 WP(C) NO. 29512 OF 2021 PETITIONER:
ABM ELECTRICALS, A-GRADE ELECTRICAL ENGINEERS AND CONTRACTOR, ABM HOUSE, CHEMBUMUKKU, THRIKKAKKARA P.O., ERNAKULAM-682 021 REPRESENTED BY ITS PROPRIETOR, JOSEPH BASIL, AGED 52, S/O. ANTONY JOSEPH.
BY ADV PRAVEEN K. JOY RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, (DEPARTMENT OF INDUSTRIES AND COMMERCE) SECRETARIAT, TRIVANDRUM-695 001.
2 THE DIRECTOR DIRECTORATE OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, TRIVANDRUM-695 033.
3 GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, TALAP, KANNUR-670 002.
4 PREQUALIFICATION COMMITTEE DISTRICT INDUSTRIES CENTRE, TALAP, KANNUR-670 002 REPRESENTED BY CHAIRMAN.
5 ASSISTANT ENGINEER, PWD (PUBLIC WORKS DEPARTMENT), ELECTRICAL, THAVAKKARA, KANNUR-670 002.
6 THE CHAIRMAN, MALABAR FURNITURE CONSORTIUM, PALAYAD ROAD, TALIPARAMBU, KANNUR-670 502.
7 MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL MSEFC-KERALA, VIKAS BHAVAN P.O., TRIVANDRUM-695033.
OTHER PRESENT:
SRI. B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 29512/2021 2 P. V. KUNHIKRISHNAN, J.
------------------------------------------- WP(C).No.29512 of 2021 ------------------------------------------- Dated this the 22nd day of August, 2023 JUDGMENT The above writ petition is filed with the following prayers:
(i) To issue writ, order or direction in the nature of mandamus directing the respondent no.7 to take up the Ext.P7 complaint and pass orders thereby to release of admitted amount of the petitioner for the works completed of 'Electrification of CFC at Malabar Furniture Construction, Kannur' under Ext.P2 and Ext.P3 within a time limit, in the interest of justice.
(ii) To issue writ, order or direction in the nature of mandamus directing the 6th respondent to release amounts of the petitioner for the works completed of Electrification of CFC at Malabar Furniture Construction, Kannur' under Ext.P2 and Ext.P3 within a time limit, in the interest of justice (iii) To grant such other reliefs as may be deemed fit and proper, in the interest of justice.
[SIC] 2.
When this writ petition came up for consideration, counsel for the petitioner submits that the petitioner will be satisfied if a direction is issued to the 7th respondent to consider Ext.P7, within
WPC 29512/2021 3 a time frame.
3.
Heard the learned Government Pleader also.
4.
After hearing both sides, I think this writ petition can be disposed of directing the 7th respondent to consider Ext.P7 within a time frame.
Therefore, this writ petition is disposed of with the following prayers:
(i) The 7th respondent is directed to consider and pass appropriate orders on Ext.P7, as expeditiously as possible, at any rate, within 60 days from the date of receipt of a certified copy of this judgment.
(ii) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 7th respondent for compliance.
Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/
WPC 29512/2021 4 APPENDIX OF WP(C) 29512/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOCOPY OF THE LETTER DATED 5.4.2018 OF THE 6TH RESPONDENT.
Exhibit P2 THE TRUE PHOTOCOPY OF THE AGREEMENT DATED 19.4.2018.
Exhibit P3 THE TRUE PHOTOCOPY OF THE SUPPLEMENTARY AGREEMENT DATED 15.1.2019.
Exhibit P4 THE TRUE PHOTOCOPY OF THE COMPLETION CERTIFICATE ISSUED BY THE 6TH RESPONDENT DATED 7.3.2019.
Exhibit P5 THE TRUE PHOTOCOPY OF THE RELEVANT PAGE OF ORDER NO.B2-8085/2018/EIN ISSUED FROM ELECTRICAL INSPECTOR KANNUR DATED 6.2.2019.
Exhibit P6 THE TRUE PHOTOCOPY OF THE RELEVANT PAGES OF GST INVOICES FURNISHED REGARDING THE REMITTANCE OF GST TO GOVERNMENT IN CONNECTION WITH THE WORK OF THE 6TH RESPONDENT.
Exhibit P7 THE TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE COMPLAINT WITHOUT ANNEXURES BEFORE THE HON'BLE MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL, MSEFC KERALA DATED 18.8.2020.
Exhibit P8 THE TRUE PHOTOCOPY OF THE INTIMATION OF 7TH RESPONDENT TO THE PETITIONER.