Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUESDAY, THE 14TH DAY OF MARCH 2023 / 23RD PHALGUNA, 1944 WP(C) NO. 7765 OF 2021 PETITIONER/S:
ANAS BABU B CRESCENT CONSTRUCTION AND CONTRACTING FIRDOUS, PANDITS COLONY, KOWDIAR P.O, THIRUVANANTHAPURAM - 695003 BY ADVS.
K.L.VARGHESE (SR.)
SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.RANJITH VARGHESE RESPONDENT/S:
1 THE PRINCIPAL SECRETARY GENERAL ADMINISTRATION AND TRANSPORT DEPARTMENT, GOVERNMENT OF THE STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 THE CHAIRMAN AND MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695023.
3 THE CHIEF ENGINEER (P &CW) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695023.
4 THE GENERAL MANAGER (FINANCE AND ADMINISTRATION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM - 695023.
R2 & R4 BY ADV SRI.DEEPU THANKAN R1 - SMT.DEEPA NARAYANAN,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 7765 OF 2021 -2- JUDGMENT Petitioner is a contractor engaged by the Kerala State Road Transport Corporation (KSRTC) for the work “Construction of 10 bay garage and office building at KSRTC Chengannur Depot using MLA- LAC-ADS”. According to the petitioner, the work was completed to the satisfaction of KSRTC. Even though various contentions are raised in the writ petition, and releasing the final bill payment is also sought for; when the matter was taken up today, the learned Counsel for the petitioner Sri. Rahul Varghese submitted that the entire bill amount of Rs.86,28,315/- is paid to the petitioner. However, the security deposit as well as GST in accordance with the terms of the agreement is not released to the petitioner.
2. Learned Standing Counsel for the KSRTC submitted that it will be released and a time period may be fixed by this Court for the release of the security deposit as well as GST.
3. After having heard the learned Counsel for the petitioner Sri. Rahul Varghese, learned Senior Government Pleader Smt. Deepa Narayanan and the learned Standing Counsel for the KSRTC
WP(C) NO. 7765 OF 2021 -3- Sri. Deepu Thankan, the writ petition is disposed of, directing the competent among the respondents 2 to 4 to release the security deposit and GST to the petitioner, at the earliest, and at any rate, within two months from the date of receipt of a copy of this judgment.
The petitioner has also claimed for liquidated damages. Learned Counsel for the petitioner submitted that it would suffice if the question is left open. Therefore the question is left open.
The writ petition is disposed of accordingly.
Sd/- SHAJI P.CHALY JUDGE uu 14.03.2023
WP(C) NO. 7765 OF 2021 -4- APPENDIX OF WP(C) 7765/2021 RESPONDENT Exhibit EXHIBIT R-2(a) PETITIONER EXHIBITS EXHIBIT P2 TRUE COPY OF THE LETTER DATED 05.02.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 30.05.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 29.08.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 22.01.2020 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE E-MAIL DATED 08.03.2020 SENT BY THE PETITIONER TO THE RESPONDENTS.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 12.03.2020 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT ENCLOSING LETTER DATED 22.01.2020 WITH ACKNOWLEDGEMENT OF ASSISTANT ENGINEER.
EXHIBIT P8 TRUE COPY OF THE E-MAIL DATED 01.05.2020 SENT BY THE PETITIONER TO THE RESPONDENTS.
EXHIBIT P9 TRUE COPY OF THE E-MAIL DATED 20.05.2020 FROM THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE E-MAIL DATED JUNE 18, 2020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 10.05.2018 ISSUED BY THE 2ND RESPONDENT TO THE SECRETARY TO GOVERNMENT, TRANSPORT (A) DEPARTMENT.
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 03.10.2020 ISSUED BY THE PETITIONER TO THE 1ST
WP(C) NO. 7765 OF 2021 -5- RESPONDENT WITH COPY TO THE 2ND AND 3RD RESPONDENTS.
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 14.11.2020 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE LETTER DATED 05.01.2021 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE E-MAIL DATED 30.09.2020 ISSUED BY THE ASSISTANT ENGINEER TO THE PETITIONER.
EXHIBIT P16 TRUE COPY OF THE E-MAIL DATED 06.10.2020 ISSUED BY THE PETITIONER TO THE ASSISTANT ENGINEER OF THE RESPONDENTS.
EXHIBIT P17 TRUE COPY OF THE LETTER DATED 17.02.2021 ISSUED BY THE RESPONDENTS UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P18 TRUE COPY OF THE RELEVANT CLAUSE 19 OF SPECIAL CONDITIONS OF CONTRACT.
EXHIBIT P19 TRUE COPY OF THE RELEVANT SPECIAL CONDITION FOR GUARANTEE PERIOD.
EXHIBIT P11 TRUE COPY OF THE CERTIFICATE DATED 20.08.2020 ISSUED BY 3RD RESPONDENT.