Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO. 41534 OF 2022 PETITIONER:
MASTEK CONSTRUCTIONS PVT. LTD., DOOR NO: 10/175, WEST KADUNGALLOOR, ALUVA, ERNAKULAM, - 683110, REP. BY ITS MANAGING DIRECTOR, SAJID M.A, RESIDING AT RINSAD MANZIL, WEST KADUNGALLOOR, ALUVA, ERNAKULAM, - 683110.
BY ADVS.JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN POOJA SEBASTIAN RESPONDENTS:
1 THE CHIEF MANAGER, KERALA INSTITUTE OF LOCAL ADMINISTRATION, REGIONAL CENTRE, KUMARAPURAM P.O,THIRUVANATHAPURAM - 695011.
2 THE CHIEF EXECUTIVE OFFICER, KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB), 2ND FLOOR, FELICITY SQUARE, KODER LN, PALAYAM,THIRUVANANTHAPURAM-695001.
3 THE SUPERINTENDING ENGINEER, CORPORATION OF COCHIN, ERNAKULAM - 682011.
R1 BY SRI.V.A MUHAMMED SC, KERALA INSTITUTE OF LOCAL ADMINISTRATION (KILA) R2 BY SRI.S,CHANDRASEKHARAN NAIR,SC R3 BY ADV.ARUN ANTONY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 41534/2022 2 JUDGMENT Petitioner is a private limited company, who was engaged by the Kerala Institute of Local Administration (KILA) for the construction of a school building for Model Technical Higher Secondary School, Kaloor within the limits of Kochi Corporation, Ernakulam. According to the petitioner, the work was completed to the full satisfaction of the respondents on 09.08.2022. However, a 3rd part bill for an amount of Rs.32,21,447/- is yet to be released to the petitioner. It is also pointed out that another amount of Rs.19,17,613/- excluding GST is also pending disbursal from the respondents. The case of the petitioner is that in spite of earnest efforts made by the petitioner, bills are not released to the petitioner.
2.
The first respondent has filed a detailed counter affidavit virtually admitting the execution of the contract and the completion of the same. However, the case projected by the first respondent is that Kerala Infrastructure Investment Fund Board (KIIFB), the funding
W.P.(C.) No. 41534/2022 3 agency, has made observations with respect to the defects in the construction carried out by the petitioner and unless and until the defects are rectified, the KILA is not responsible for grant of any No Objection Certificate, enabling the KIIFB to make the payment to the petitioner.
3.
KIIFB has also filed a counter affidavit basically stating that unless and until, a clearance is given by the KILA, KIIFB is not liable to release any amount to the petitioner. It is further pointed out that observations were made by KIIFB with respect to the constructions made by the petitioner and unless and until clearance is made by the KILA after rectifying the defects by the petitioner, the amounts cannot be released to the petitioner.
4.
A reply affidavit is filed by the petitioner reiterating the stand adopted in the writ petition.
5.
I have heard Sri. Anil George, learned counsel for the petitioner, Sri. V.A. Muhammed, learned Standing Counsel for KILA, Sri. S. Chandrasekharan Nair, learned Standing Counsel for KIIFB and Sri. Arun Antony, learned
W.P.(C.) No. 41534/2022 4 counsel for the third respondent and perused the pleadings and material on record.
6.
The deliberation made above would make it clear that amounts are due to the petitioner. However, the same is not released consequent to certain defects noted by the KILA as well as KIIFB and observations are made with respect to the same. Anyhow, the learned counsel for the petitioner submitted that already the defects are rectified and if an inspection is conducted by the KILA and KIIFB, it would be clear.
7.
In that view of the matter, there will be a direction to the KILA to take steps for conducting a joint inspection along with KIIFB, within three weeks from today and identify as to whether the defects observed by the KILA and KIIFB are rectified by the petitioner. If the defects are rectified to the satisfaction of the said authorities, KILA shall handover all the bills submitted by the petitioner to KIIFB immediately and the KIIFB shall release the amount to the petitioner, at the earliest, and at any rate, within
W.P.(C.) No. 41534/2022 5 three weeks thereafter.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY
JUDGE DCS/01.03.2023
W.P.(C.) No. 41534/2022 6 APPENDIX PETITIONER EXHIBITS EXHIBIT P1 THE PHOTOCOPY OF THE AGREEMENT DATED 25.08.2021 BETWEEN PETITIONER AND 1ST RESPONDENT EXHIBIT P2 THE PHOTOCOPY OF THE 3RD PART BILL DATED 5.9-2022.
EXHIBIT P3 THE COPY OF THE REVISED ESTIMATE SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P4 THE PHOTOCOPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 09.08.2022.
EXHIBIT P5 THE PHOTOCOPY OF THE LETTER DATED 25.10.2022 ISSUED BY THE 3RD RESPONDENT.