M/S P.K.Sulpheeker Infrastructure Limited Liability Partnership (LLP) vs. State Of Kerala
Held
The Court observed that the legal heirs, who are partners in the petitioner-LLP, subsequently submitted representations as individuals expressing willingness to complete the balance work. The Court directed the 3rd respondent to consider these representations in accordance with the KPWD Manual and law.
Facts
A contractor, P.K. Sulpheeker, passed away while executing road improvement works. His legal heirs formed an LLP and sought permission to complete the balance work and claim dues. The respondent contended that the KPWD Manual allows only legal heirs as individuals to take over the work, not an LLP.
Key Issues
Whether an LLP formed by the legal heirs of a deceased contractor can take over and complete the balance work, or if the legal heirs must come forward as individuals to do so under the KPWD Manual.
Sections Cited
None
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 21ST DAY OF DECEMBER 2021 / 30TH AGRAHAYANA, 1943 WP(C) NO. 19873 OF 2021 PETITIONER: M/S P.K.SULPHEEKER INFRASTRUCTURE LIMITED LIABILITY PARTNERSHIP (LLP), LLP ID NO.AAV-3715, BUILDING NO.3/447-E, GROUND FLOOR, PADMINI APARTMENTS, BEHIND NADKAVU POST OFFICE, NADAKAVU, KOZHIKODE-675 011, REPRESENTED BY ITS DESIGNATED PARTNER, SUNAISE.P.K., PEZHUNGADAN KOLLATHIKKAL HOUSE, KEEZHUPARAMBU P.O., AREACODE, MALAPPURAM-673 639. BY ADVS. K.BABU THOMAS MARYKUTTY BABU RESPONDENTS: 1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE CHIEF ENGINEER, NATIONAL HIGHWAYS, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM-695 033. 3 THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY, NORTH CIRCLE, KOZHIKODE-673 001. 4 THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, KOZHIKODE-673 001. 5 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PARLIAMENT STREET, NEW DELHI-110 001. 6 THE REGIONAL OFFICER, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PUBLIC OFFICE BUIL
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