Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 29TH DAY OF MAY 2023 / 8TH JYAISHTA, 1945 WP(C) NO. 17010 OF 2023 PETITIONER:
DEEPAK.I.K AGED 55 YEARS, S/O. VISWANATHAN I.K.
ARCHONS, NO.341, JAL VAYU VIHAR, KALYAN NAGAR P.O, BANGALORE, PIN - 560043 BY ADVS.
G.SANTHOSH KUMAR (P).
ASWATHI SURESH GOPIKA RAMESH RESPONDENTS:
1 THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT (FM) DEPARTMENT, ROOM NO.403, 4TH FLOOR, SECRETARIAT ANNEXE-I, THIRUVANANTHAPURAM, PIN - 695001 2 THE CHIEF EXECUTIVE OFFICER AND MEMBER SECRETARY KERALA INFRASTRUCTURE INVESTMENT FUND BOARD, 2ND FLOOR, FELICITY SQUARE, M.G.ROAD, STATUE, THIRUVANANTHAPURAM, PIN - 695001 3 THE MANAGING DIRECTOR, IMPACT KERALA LIMITED, 2ND FLOOR, MUNICIPAL HOUSE, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 4 KANNUR MUNICIPAL CORPORATION, MUNICIPAL CORPORATION OFFICE, P.B.NO. 39, KANNUR, PIN – 670001, REP.BY IT'S SECRETARY 5 THE SECRETARY KANNUR MUNICIPAL CORPORATION, MUNICIPAL CORPORATION OFFICE, P.B.NO. 39, KANNUR, PIN - 670001 SRI.B.S.SYAMANTAK - GP, SRI.S.CHANDRASEKHARAN NAIR - SC FOR R2, SMT.M.MEENA JOHN - SC FOR R4 & R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17010 OF 2023 2 P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 17010 of 2023 ---------------------------------------------- Dated this the 29th day of May, 2023 JUDGMENT The above writ petition is filed with the following prayers:
“(i) Issue a writ of mandamus directing the 5th respondent to consider and pass orders upon Ext.P-20 in the light of Ext.P-1 within a time frame after obtaining necessary concurrence from the Council of the 4th respondent and after rendering an opportunity of hearing to the Petitioner by the 5th respondent;
(ii) To declare that the Petitioner is entitled to obtain the Consultancy fee of Rs. 1,30,22,370/- plus it's GST along with it's interest, being 2.33% of the estimate amount of Rs.55.89 Crore as per Ext.P1 agreement.
(iii) Issue such other order as this Hon'ble court deems fit and necessary in the facts and circumstance of the case.
(iv) To dispense with filing of translation of the vernacular documents.”[SIC]
WP(C) NO. 17010 OF 2023 3 2.
The main prayer in this writ petition is to declare that the petitioner is entitled to obtain the Consultancy fee plus it's GST. The petitioner already submitted Ext.P20 before the 5th respondent. The further grievance of the petitioner is that the same is not considered.
3.
Heard the learned counsel appearing for the petitioner, the learned Government Pleader and the respective
Standing
Counsel
appearing
for respondents 3 to 5.
4.
After hearing both sides, I think this writ petition itself can be disposed of directing the 5th respondent to consider Ext.P20 within a time frame.
Therefore, this writ petition is disposed of in the following manner:
i.
The 5th respondent is directed to consider and pass appropriate orders in Ext.P20,
WP(C) NO. 17010 OF 2023 4 after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.
ii.
Petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 5th respondent for compliance.
Sd/- P.V.KUNHIKRISHNAN DM JUDGE
WP(C) NO. 17010 OF 2023 5 APPENDIX OF WP(C) 17010/2023 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE AGREEMENT DATED 21/12/2010 ENTERED BETWEEN THE PETITIONER AND THE 4TH RESPONDENT.
EXHIBIT-P2 TRUE COPY OF THE ORDER NO.G.O.(ORD.)
421/13 DATED 15/02/2013 ISSUED BY THE LOCAL SELF GOVERNMENT (DB) DEPARTMENT.
EXHIBIT-P3 TRUE COPY OF DESIGN-1 PREPARED BY THE PETITIONER DATED NIL FOR KANNUR MUNICIPAL OFFICE AND TOWN HALL EXHIBIT-P4 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE PETITIONER FOR KANNUR CORPORATION OFFICE AND TOWN HALL DATED 17/02/2017.
EXHIBIT-P5 TRUE COPY OF THE DECISION TAKEN BY THE KANNUR MUNICIPAL CORPORATION DATED 01/11/2017.
EXHIBIT-P6 TRUE COPY OF DESIGN-3 PREPARED BY THE PETITIONER FOR KANNUR MUNICIPAL CORPORATION DATED NIL.
EXHIBIT-P7 TRUE COPY OF THE NOTICE DATED 25/02/2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT-P8 TRUE COPY OF THE LETTER DATED 06/07/2020 ISSUED BY THE WORSHIPFUL MAYOR OF THE 4TH RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT-P9 TRUE COPY THE NOTICE DATED 15/07/2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
WP(C) NO. 17010 OF 2023 6 EXHIBIT-P10 TRUE COPY OF THE LETTER DATED 28/10/2020
SUBMITTED
BY
THE PETITIONER
BEFORE
THE
5TH RESPONDENT.
EXHIBIT-P11 TRUE COPY OF THE LETTER DATED 30/12/2020 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT-P12 TRUE COPY OF THE MINUTES OF THE REVIEW MEETING OF THE 3RD RESPONDENT HELD ON 07/06/2021.
EXHIBIT-P13 TRUE COPY OF THE LETTER DATED 21/06/2021 ALONG WITH THE INVOICE.
EXHIBIT-P14 TRUE COPY OF THE NOTICE DATED 10/08/2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT-P15 TRUE COPY OF THE NOTICE DATED 02/11/2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT-P16 TRUE COPY OF THE PROCEEDINGS DATED 22/12/2021 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT-P17 TRUE COPY OF THE NOTICE DATED 04/01/2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT-P18 TRUE COPY OF THE SUPPLEMENTARY AGREEMENT DATED 17/03/2022 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT.
EXHIBIT-P19 TRUE COPY OF THE LETTER DATED 28/03/2023 ISSUED BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT ALONG WITH BILL DETAILS.
EXHIBIT-P20 TRUE COPY OF THE REPRESENTATION
WP(C) NO. 17010 OF 2023 7 DATED 18/04/2023 SUBMITTED BY THE PETITIONER
BEFORE
THE
5TH RESPONDENT.
EXHIBIT-P21 TRUE COPY OF THE ACCOUNT STATEMENT FROM BAJAJ FINSERV DATED NIL.
RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE