Manoj M. C. vs. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942 WP(C).No.57 OF 2021(F) PETITIONER: MANOJ M.C., AGED 43 YEARS, MANAGING DIRECTOR, POWER CRAFT ELECTRICAL CONTRACTOR PVT. LTD., GROUND FLOOR, ROOM NO.33, REVENUE TOWER, CHANGANASSERRY, KOTTAYAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 3 THE CHIEF ELECTRICAL ENGINEER, PWD ELECTRICAL WING, PUBLIC OFFICE, THIRUVANANTHAPURAM - 695 033. 4 THE EXECUTIVE ENGINEER, PWD ELECTRICAL DIVISION, PMG, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033. 5 THE ASSISTANT EXECUTIVE ENGINEER, PWD ELECTRICAL SUB DIVISION, ALAPPUZHA - 689 645. 6 THE DIRECTOR, INSTITUTE OF HUMAN, RESOURCES AND DEVELOPMENT, POOJA TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014. WP(C).No.57 OF 2021(F) 2 7 THE PRINCIPAL, INSTITUTE OF HUMAN RESOURCES AND DEVELOPMENT, COLLEGE OF ENGINEERING, PALLIPURAM, CHERTHALA – 688 541. 8 THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADV. SRI.DEEPU THANKAN, SC, IHRD SMT.PRINCY XAVIER, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.57 OF 2021(F) 3 JUDGMENT The petitioner is a contractor, who had carried out electrical works in the College

of Engineering,

Pallipuram, Cherthala, under the 6th respondent after executing Ext.P2 agreement. The work was awarded pursuant to Ext.P1 for which Technical Sanction was granted by the 3rd respondent as per Ext.P3. 2. It is stated that though the petitioner completed the work in 2017 itself, a sum of Rs.7,79,182/- is yet to be paid. Petitioner claims GST also.

affidavit

stating

that administrative sanction for the construction of the department block for 6 Engineering Colleges under IHRD including the College at Cherthala was granted by Government as per

WP(C).No.57 OF 2021(F) 4 order dated 07.08.2012. It is stated that a sum of Rs.36,07,000/- was deposited with the Executive Engineer, PWD for electrification work in the College of Engineering, Cherthala where the petitioner has undertaken the work. It is stated that later it was reported that a sum of Rs.43,50,548/- was required and a sum of Rs.7,79,182/- has to be paid to the Contractor and that has to be deposited by the IHRD. For this purpose, the 6th respondent has, as per Exts.R6(a), (b) and (c) letters dated 01.03.2019, 02.08.2019 and 18.01.2021 requested the Government to sanction the said balance amount for depositing the same with the PWD. The 6th respondent submits that there is no response to these letters from the Government.

WP(C).No.57 OF 2021(F) 5 submits

that Government

will

take appropriate action on those letters.

Therefore the writ petition is disposed of with a direction to the 8th respondent to consider the request made by the 6th respondent in Exts.R6(a), (b) and (c) for sanctioning the balance amount for payment to the petitioner and to take appropriate action for sanctioning the same, within a period of three weeks from the date of receipt of a copy of the judgment. On receiving the orders according sanction from the Government, the 6th respondent shall take expeditious action for depositing the same with PWD, Electrical division so as to enable the payment to the petitioner, within a period of another three weeks. P.V.ASHA WW JUDGE

WP(C).No.57 OF 2021(F) 6 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1OF THE RELEVANT PAGES OF THE TENDER SCHEDULE OF THE WORK ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P2OF THE RELEVANT PAGES OF THE AGREEMENT NO.EL3/08/CEE/2017-18, DATED 10.05.2017. EXHIBIT P3OF THE TECHNICAL SANCTION ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4OF THE RELEVANT PAGES OF THE WORK DETAILS ISSUED BY THE 3RD RESPONDENT TO 6TH RESPONDENT. EXHIBIT P5OF THE REPRESENTATION DATED 15.10.2020, SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENTS' EXHIBITS: EXHIBIT R6(A) AOF THE REQUEST DATED 1/3/2019 R6 TO GOVERNMENT. EXHIBIT R6(B) AOF THE REQUEST DATED 2/8/2019 R6 TO GOVERNMENT. EXHIBIT R6(C) AOF THE REQUEST DATED 18/1/2021 R6 TO GOVERNMENT.