Ajithkumar.S vs. The Greater Cochin Development Authority
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SHAJI P.CHALY TUE AY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941 WP(C).No. 39038 of 2018 PETITIONER/S: AJITHKUMAR.S, AGED 44 YEARS, S/O SIVASANKARA PILLAI,PROPRIETOR, AJRA CONSTRUCTIONS, VIII/27-D,1ST FLOOR,PALAKKATTU BUILDINGS,KESAVANPADI, THIRUVANKULAM P.O.KOCHI-682305. BY ADVS. SRI.K.K.CHANDRAN PILLAI (SR.) SMT.NAMITHA NAMBIAR SMT.S.AMBILY SMT.VANIAH MARIA DOMINIC SRI.SAJI THOMAS RESPONDENT/S: 1 THE GREATER COCHIN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY,OFFICE OF THE GCDA,KAKAVANTHRA,KOCHI-682 020. 2 THE SUPERINTENDING ENGINEER, GREATER COCHIN DEVELOPMENT AUTHORITY,KADAVANTHARA,KOCHI-682 020. 3 THE EXECUTIVE ENGINEER, GREATER COCHIN DEVELOPMENT AUTHORITY,KADAVANTHARA, KOCHI-682 020 4 THE ASSISTANT ENGINEER, GREATER COCHIN DEVELOPMENT AUTHORITY,KADAVANTHARA, KOCHI-682 020 5 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY,GOVT.SECRETARIAT,THIRUVANANTHAPURAM-695
R1 TO R4 BY SRI. ARUN ANTONY, SC R5 BY SMT. PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 39038 of 2018 2 JUDGMENT This writ petition is filed by the petitioner seeking the following reliefs:- “a) Issue a writ in the nature of mandamus or such other appropriate writ, order or direction commanding the 1st respondent to approve Ext.P4 and pay the amount covered by it without any further delay. b) Issue a writ in the nature of mandamus or such other appropriate writ, order or direction commanding the respondents to approve the final check measurement prepared by the 4th respondent and certified by him as satisfactorily completed and take steps to pay the final bill also without any further delay. c) To grand such other reliefs as are found just and proper to be granted in the facts and circumstances of the case as may be prayed for during the course of the pendency of the above writ petition before this Hon'ble court.”
Petitioner is a PWD contractor engaged by the 1st respondent for its works. According to the petitioner, the work was completed to the satisfaction of the respondent, however, amounts are not released, in spite of raising the part and final bills.
WP(C).No. 39038 of 2018 3
A counter affidavit is filed by respondents 1 to 5, from where I understand that, part bill raised by the petitioner amounting to Rs.13,32,610/- is paid on 05.02.2019, and for the balance amount, it is stated that, since the code of conduct of parliamentary election has come into force, the Greater Cochin Development Authority is not in a position to convene its executive committee and general counsel immediately to take a decision in the matter. Therefore, seeks three month's time for making the balance payment.
Learned counsel for the petitioner submitted that, it would suffice if the submissions made thereunder is recorded and the writ petition is disposed of. Therefore, the writ petition is disposed of, recording that the respondents have agreed to make the payment in three months and there will be a direction accordingly. SHAJI P.CHALY JUDGE uu 09.04.2019
WP(C).No. 39038 of 2018 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF CONTRACTORS REGISTRATION CARD ISSUED BY THE EXECUTIVE ENGINEER PWD. EXHIBIT P2 COPY OF GST REGISTRATION CERTIFICATE DATED 21.9.2017 OF THE PETITIONER EXHIBIT P3 COPY OF ACCEPTANCE LETTER DATED 17.4.2018 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 COPY OF THE PART BILL WITH THE TAX INVOICE NO A010 DATED 4.8.2018 EXHIBIT P5 COPY OF LETTER DATED 27.9.2018 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P6 COPY OF BANK GUARANTEE DATED 30.4.2018 RETURNED BY THE 1ST RESPONDENT TO THE PETITIONER SHOWING DATE OF RELEASE ON 9.11.2018 EXHIBIT P7 COPY OF REPRESENTATION DATED 24.11.2018 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:NIL EXHIBIT R1(a) AUTHORIZATION LETTER OF ADDL.CHIEF SECRETARY TO GOVT. DATED 14.03.2019. //// P.A. 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.