P.K.Ramachandran v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 27TH DAY OF JUNE 2022 / 6TH ASHADHA, 1944 WP(C) NO. 2056 OF 2021 PETITIONER/S: P.K.RAMACHANDRAN A REGISTERED PARTNERSHIP REPRESENTED BY ITS MANAGING PARTNER, DENOOP RAMACHANDRAN DEEPA MANDIR THOPPUMPADY P.O, KOCHI 682 005 BY ADVS. K.BABU THOMAS SMT.MARYKUTTY BABU RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF-GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 THE CORPORATION OF COCHIN, REPREENTED BY ITS SECRETARY, COCHIN CORPORATION OFFICE, KOCHI 682 011 3 THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM 695 033 4 THE SUPERINTENDING ENGINEER CORPORATION OF COCHIN, CORPORATION OFFICE, KOCHI 682 011 BY ADV SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL CORPORATION OTHER PRESENT: GP K.V.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 2056 OF 2021 2 JUDGMENT Dated this the 27th day of June, 2022 The petitioner was awarded the contract for construction of office building for Cochin Corporation at Cochin. The petitioner completed the work and raised his bill. The writ petition is filed aggrieved by non-refund of the GST component, which the Corporation had specifically agreed to reimburse under Ext.P2. Another grievance is regarding the unilateral reduction of the rates after obtaining approval from the Government. Highlighting these grievances, the petitioner has preferred Ext.P7. 2. Learned Standing Counsel for the Corporation submitted that the petitioner may have executed supplementary agreements after Ext.P5. 3. Learned Counsel for the petitioner clarified that a supplementary agreement was executed, but under protest, as evidenced by Ext.P3. Considering the limited relief sought, the Writ Petition

WP(C) NO. 2056 OF 2021 3 is disposed of, directing the first respondent to consider Ext.P7 and take an appropriate decision thereon, after affording an opportunity of hearing to the petitioner and the Cochin Corporation. The order, as aforementioned, shall be passed within two months of receipt of a copy of this judgment. V.G.ARUN JUDGE RK

WP(C) NO. 2056 OF 2021 4 APPENDIX OF WP(C) 2056/2021 PETITIONER EXHIBITS EXHIBIT P1OF GO(RT) NO. 1411/2015/LSGD AWARDING CONTRACT FOR THE BALANCE WORK EXHIBIT P2OF THE SUPPLEMENTAL AGREEMENT FOR WORKS VALUED RS. 18,62,74,660/- EXHIBIT P3OF LETTER OF PROTEST OF THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P4OF THE RELEVANT PORTION OF THE ILLEGAL SUPPLEMENTAL AGREEMENT DATED 15-11-2018 GOT EXECUTED ON 07-05- 2019 WITH REDUCED RATES FOR THE AGREED ITEMS EXHIBIT P5OF CHEQUES FOR RS. 3,258,6,207/- EXHIBIT P6OF REPRESENTATION OF THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P7OF REPRESENTATION OF THE PETITIONER TO THE FIRST RESPONDENT EXHIBIT P8OF THE LETTER OF THE 4TH RESPONDENT TO THE PETITIONER WITH ENGLISH VERSION