Rajesh Mathew And Co. v. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNE AY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944 WP(C) NO. 13827 OF 2022 PETITIONER/S: RAJESH MATHEW AND CO. CHERUMATTATHIL PLAZA, ARAKKUZHA ROAD JUNCTION, MUVATTUPUZHA, ERNAKULAM. REPRESENTED BY ITS MANAGING PARTNER, PIN - 686661 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD RESPONDENT/S: 1 STATE OF KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY, PIN - 695001 2 KERALA ROAD FUND BOARD REPRESENTED BY ITS SECRETARY, SRIBALA BUILDINGS, T.C. 11/339, 5TH FLOOR, KESTON ROAD, NANDANCODE, KOWDIAR, THIRUVANANTHAPURAM. PIN - 695003 3 THE PROJECT DIRECTOR PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, T.C. 11/339, 5TH FLOOR, KESTON ROAD, NANDANCODE, KOWDIAR, THIRUVANANTHAPURAM., PIN – 695003 4 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB) 2ND FLOOR, FELICITY SQUARE, STATUE JUNCTION, THIRUVANANTHAPURAM. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER., PIN - 695001 BY ADVS. K.V.MANOJ KUMAR S.CHANDRASEKHARAN NAIR, SC, KIIFB SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD OTHER PRESENT: GP AMMINIKUTTY K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13827 OF 2022 2 JUDGMENT Dated this the 01st day of June, 2022 The petitioner, a works contractor, was awarded with the work of improvement to Manjinikkara – Elavummthitta, Kidangannoor – Mulakkuzha Road. As per the agreement the work had to be completed within 12 months. According to the petitioner, inspite of all efforts, he was able to complete 90% of the work awarded. In the meanwhile, the cost involved in execution of the work went up substantially and it is now impossible to carry out the balance portion of the tendered work. The petitioner
therefore submitted Ext.P4 representation seeking the following request. Sanction the revised estimate urgently and finalize our payment of works executed so far Pay us the eligible GST as per the Government Circular No.90/2017/Fin dated 14.12.2017. WP(C) NO. 13827 OF 2022 3 The execution of balance surfacing works at this stage at the agreed rate of 2019 is not possible due to the increase in the cost of materials and labour as the delay is not due to any of our fault, but due to non shifting of KSEB utilities and approval of revised estimate.
The limited relief now sought, is the expeditious consideration of Ext.P14 representation. Learned Standing Counsel for respondents 2 and 3 submitted that an omnibus direction to consider Ext.P14 may lead to certain legal issues as far as the respondents are concerned. Hence, the representations can be considered, confined to the prayer for foreclosure alone.
Learned Counsel for the petitioner clarified that as of now, the petitioner is satisfied with a direction to consider the request for foreclosure. In the result, the Writ Petition is disposed of, directing the third respondent to consider Ext.P14 confined to the request for foreclosure alone and to pass appropriate
WP(C) NO. 13827 OF 2022 4 orders thereon within four weeks of receipt of a copy of this judgment. V.G.ARUN JUDGE RK
WP(C) NO. 13827 OF 2022 5 APPENDIX OF WP(C) 13827/2022 PETITIONER EXHIBITS Exhibit P1OF THE NOTICE INVITING TENDER -PQ-TENDER NO.PMU-KRFB/T-15/2017-18 DATED 22.11.2017 OF 3RD RESPONDENT Exhibit P2OF THE LETTER OF ACCEPTANCE NO. 40/PWD004-50/PD/PMU-KRFB/137R/PTA/2017 CATED 07.01.2019 ISSUED BY 3RD RESPONDENT. Exhibit P3OF AGREEMENT NO. 77/PWD004- 50/PD/PMU-KRFB/2018-19 DATED 8.02.2019 Exhibit P4OF LETTER NO. D1-2016/4536 DATED 31.10.2019 Exhibit P5OF LETTER NO. GEN-125/2018/PMU - KRFB DATED 24.05.2019 OF THE 3RD RESPONDENT Exhibit P6OF THE LETTER NO. 40/PWD004 - 50/PD/PMU - KRFB/137R/PTA/2017 DATED 17.09.2019 OF THE 3RD RESPONDENT Exhibit P7OF THE LETTER NO. RMC/KIIFB(I)/2019/12 DATED 21.09.2019 OF THE PETITIONER Exhibit P8OF THE LETTER NO. RMC/KIIFB(I)/2019/16 DATED 9.11.2019 OF THE PETITIONER Exhibit P9OF APPLICATION SUBMITTED BY PETITIONER FOR EXTENSION OF TIME Exhibit P10OF THE SUPPLEMENTAL AGREEMENT EXTENDING TIME OF COMPLETION Exhibit11OF THE OBSERVATION MEMO NO.4 DATED 13.11.2020 OF THE TECHNICAL TEAM OF 4TH RESPONDENT Exhibit P12OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 03.08.2021 Exhibit P13OF THE REVISED ESTIMATE DATED 22.01.2022 Exhibit P14OF THE REPRESENTATION DATED 15.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.(LETTER NO.
WP(C) NO. 13827 OF 2022 6 RMC/KIIFB(I)/2019/55)
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.