P.K. Sulpheeker Infrastructure Limited Liability Partnership (LLP) vs. State Of Kerala
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943 WP(C) NO. 19931 OF 2021 PETITIONER/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, REP. BY ITS DESIGNATED PARTNER, SUNAISE P. K. PEZHUNGADAN KOLLATHIKKAL HOUSE, KEEZHUPARAMBU P. O., AREACODE, MALAPPURAM - 673
BY ADVS. K.BABU THOMAS MARYKUTTY BABU RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB) 2ND FLOOR, FELICITY SQUARE, M. G. ROAD, STATUE, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND MEMBER SECRETARY, 2ND FLOOR, FELICITY SQUARE, M. G. ROAD, STATUE, THIRUVANANTHAPURAM - 695 001. 3 THE PROJECT DIRECTOR PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, GROUND FLOOR, BSNL OFFICE BUILDING AT CGM (O), DHOOR SANCHAR BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM - 695 033. OTHER PRESENT: SRI.B.G.HARINDRANATH FOR R2, SRI.K.V.MANOJ KUMAR FOR R3, SMT.PRINCY XAVIER, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19931 OF 2021 2 P.V.KUNHIKRISHNAN, J. =================== WP(C) No. 19931 OF 2021 =================== Dated this the 24th day of September 2021 J U D G M E N T The above writ petition is filed with the following prayers; “ i. Issue a writ of mandamus, or any other appropriate writ, or order, or direction to the 3rd respondent, requiring to forthwith consider and pass orders on Exhibit P9, to allow the petitioner to carry out and complete the works under Exhibit P1 to P3 left incomplete on 15-7-2021 and to effect payment for value of works carried out and other amounts due being the legal representatives of the deceased P.K.Sulpheeker. ii. Declare that the petitioner is entitled to carry out and complete the works left incomplete on 15-7-2021, being the legal representative of the deceased, who was one of the Designated Partners of the LLP and that the respondents are bound to allow the petitioner to carry out and complete the works and to execute supplemental agreement if any required for extension of time, extra item and quantities and to effect payment for the value of works carried out. iii. Issue a writ of mandamus, or any other appropriate writ, or order or direction to the 3rd respondent, requiring to forthwith upload the bill presented on 17-6-2021 for payment of Rs.2,91,19,159/-, retained at his office, to the website of the 2nd respondent for effecting payment due to the petitioner towards value of works carried out. iv. Issue a writ of mandamus, or any other appropriate writ, or order, or direction to the respondents
WP(C) NO. 19931 OF 2021 3 requiring to forthwith complete the processing of the bill presented on 13-8-2021 for payment of Rs.5,67,77,360/- at the Wayanad Division Office for value of works carried out by the petitioner under Exhibit P3, to enable it to effect payment, to discharge liabilities incurred in carrying out the works. v. Issue a writ of mandamus, or any other appropriate writ, or order, or direction to the 3rd respondent, requiring to forthwith upload the bills presented for value of works carried out, to the website of the 2nd respondent for effecting payment due to the petitioner for value of works carried out, to enable the petitioner to discharge the liabilities incurred in carrying out the works and to carry out and complete the balance work. vi. Issue a writ of mandamus, or any other appropriate writ, or order, or direction to the respondents requiring to forthwith direct preparation and presentation of bills for value of works carried out by the petitioner under Exhibit P1 to P3 and to effect payment of Rs.19,59,00,000/- due for value of works already carried out to enable it to discharge liabilities incurred in carrying out the works and to carry out and complete the balance work at the earliest opportunity. vii. Issue a writ of mandamus, or any other appropriate writ, or order, or direction to the 3rd respondent, requiring to forthwith consider and pass orders on the applications submitted by the petitioner on 25-5-2021, 20-6- 2021 and 29-7-2021, seeking extension of intended completion period and to execute supplemental agreements required for extension of time and extra items and quantities with the petitioner, to allow it to carry out the works within a time stipulated viii. Grant such other relief this Hon. Court may deem proper, just and necessary in the peculiar facts and circumstances of the case, including costs incurred by the petitioner in these proceedings .”
WP(C) NO. 19931 OF 2021 4
Today, when this writ petition came up for consideration, the learned counsel for the petitioner submitted that, he will be satisfied if Ext.P9 representation is considered by the 2nd respondent. The learned counsel submitted that, there may be a direction to consider the Kerala Public Works Department Manual Revised Edition 2012 also while considering Ext.P8 representation.
Heard the learned counsel for the petitioner, learned Government Pleader and the learned Standing Counsel for the 2nd and 3rd respondents.
The learned Standing Counsel for the 3rd respondent submitted that, the 3rd respondent will consider the representation in accordance to law and pass appropriate orders.
In the light of above submission, I think this writ petition can be disposed of directing the 3rd respondent to consider Ext.P9 representation in accordance to law. There can be a direction to the 3rd respondent to consider the applicability of Kerala Public Works
WP(C) NO. 19931 OF 2021 5 Department Manual Revised Edition 2012 also while considering Ext.P9 representation.
Therefore this writ petition is disposed of in the following manner.
The 3rd respondent is directed to consider Ext.P9 representation and pass appropriate orders in accordance to law, as expeditiously as possible at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.
While considering Ext.P9 representation, the 3rd respondent will consider the applicability of Kerala Public Works Department Manual Revised Edition 2012. 2. I make it clear that I have not considered the matter on merit. The 3rd respondent is free to pass appropriate orders in accordance to law. ( ) P.V.KUNHIKRISHNAN LU JUDGE
WP(C) NO. 19931 OF 2021 6 APPENDIX OF WP(C) 19931/2021 PETITIONER EXHIBITS Exhibit P1OF RELEVANT PORTION OF AGREEMENT NO.39/PWD/KRFB FOR WORKS VALUED RS.52,66,61,442.55 Exhibit P2OF RELEVANT PORTION OF AGREEMENT NO.53/PWD/KRFB FOR WORKS VALUED RS.16,22,70,752.25 Exhibit P3OF RELEVANT PORTION OF THE AGREEMENT NO.56/PWD/KRFB FOR WORKS VALUED RS.39,23,26,518.62 Exhibit P4OF RELEVANT PORTION OF INCORPORATION CERTIFICATE OF M/S P. K. SULPHEEKER INFRASTRUCTURE LLP AND PARTNERSHIP DEED. Exhibit P5OF GST REGISTRATION CERTIFICATE OF P. K. SULPHEEKER INFRASTRUCTURE LLP. Exhibit P6OF DEATH CERTIFICATE OF SULPHEEKER P. K. Exhibit P7OF A CLASS CONTRACTORS' REGISTRATION CERTIFICATE ISSUED TO THE PETITIONER. Exhibit P8OF THE RELEVANT PORTION OF AMENDED PARTNERSHIP DEED OF M/S P. K. SULPHEEKER INFRASTRUCTURE LLP. Exhibit P9OF REPRESENTATION OF THE DESIGNATED PARTNER OF THE PETITIONER TO THE 3RD RESPONDENT. //// PA To Judge
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.