Kerala High Court
M/S.Kavumkal Road Builders vs The Superintending Engineer on 18 November, 2015
Author: P.B. Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 7TH DAY OF SEPTEMBER 2016/16TH BHADRA, 1938
WP(C).No. 27898 of 2016 (J)
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PETITIONER(S):
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M/S.KAVUMKAL ROAD BUILDERS,CHEMPANOLI,
VECHOOCHIRA P.O.,PATHANAMTHITTA,
REP.BY ITS MANAGING PARTNER,
KURIAKOSE SABU
BY ADVS.SRI.PHILIP J.VETTICKATTU
SRI.VINEETH KURIAKOSE
RESPONDENT(S):
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1. THE SUPERINTENDING ENGINEER, PUBLIC WORKS
DEPARTMENT, (ROADS & BRIDGES)
SOUTH CIRCLE, PUBLIC OFFICE BUILDING,
MUSEUM, TRIVANDRUM- 695 033.
2. THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT, (ROADS DIVISION)
KOTTAYAM- 686 001.
3. STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
PUBLIC WORKS DEPARTMENT, SECRETARIAT,
TRIVANDRUM- 695 001.
BY GOVERNMENT PLEADER SRI.K.R. DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07-09-2016, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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WP(C).No. 27898 of 2016 (J)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT. P1: TRUE COPY OF THE SELECTION NOTICE DATED 18.11.2015
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN
RESPECT OF WORK VIZ. ANACHARICKAL MEENMUTTICKALTHODU
ROAD.
EXT. P2: TRUE COPY OF THE SELECTION NOTICE DATED 27.2.2016
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN
RESPECT OF WORK VIZ, CONSTRUCTION OF BYE-PASS TO
CHENGANNOOR TOWN.
EXT. P3: TRUE COPY OF THE SELECTION NOTICE DATED 8.12.2015
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN
RESPECT OF WORK VIZ. IMPROVEMENTS TO THALACHIRA
VENCHEMPU ROAD.,
EXT. P4: TRUE COPY OF THE SELECTION NOTICE DATED 17.5.2016
ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN
RESPECT OF WORK VIZ. IMPROVEMENTS TO PRAVINKOODU
ERUMALLIKKARA ROAD.,
EXT. P5: TRUE COPY OF THE SELECTION NOTICE DATED 17.5.2016
ISSUED BY THE 1ST RESPONDNET TO THE PETITIONER IN
RESPECT OF WORK VIZ. IMPROVEMENTS TO KERALAPURAM
AYOOR ROAD.,
EXT. P6: TRUE COPY OF PROCEEDINGS DATED 13.7.2015 OF THE 1ST
RESPONDENT ACCORDING SANCTION IN RESPECT OF WORK
VIZ. IBM & BC TO THATTARAMBALAM MANNAR ROAD.
EXT. P7: TRUE COPY OF JUDGMENT DATED 10.12.2015 IN W.P.C
NO. 37522/2015 OF THIS HON'BLE COURT.
EXT. P8: TRUE COPY OF JUDGMENT DATED 11.3.2016 IN W.P.C
NO. 9419/2016 OF THIS HON'BLE COURT.
EXT. P9: TRUE COPY OF JUDGMENT DATED 26.5.2016 IN W.P.C
NO. 17690/2016 OF THIS HON'BLE COURT.
EXT. P10: TRUE COPY OF REQUEST DATED 27.6.2016 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT. P11: TRUE COPY OF REQUEST DATED 27.6.2016 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT.
WP(C).NO. 27898 OF 2016 (J)
EXT. P12: TRUE COPY OF RECOMMENDATION LETTER DATED
27.6.2016 ISSUED BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT.
EXT. P13: TRUE COPY OF RECOMMENDATION LETTER DATED
12.8.2016 ISSUED BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT.
EXT. P14: TRUE COPY OF REQUEST DATED 16.8.2016 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT. P15: TRUE COPY OF JUDGMENT DATED 23.9.2015 PASSED
BY THIS HON'BLE COURT IN W.P.C. NO.
28675/2015.
EXT. P16: COPY OF THE COMPLETION CERTIFICATE DT 5/9/2016
ISSUED BY THE EXECUTIVE ENGINEER, PWD, KOLLAM.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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P.B. SURESH KUMAR, J.
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W.P.(C) No.27898 of 2016
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Dated this the 7th day of September, 2016
JUDGMENT
The petitioner was awarded six works covered by Exts.P1 to P6 communications. Based on the orders issued by this Court, the security deposits payable in respect of the said works were adjusted from the amounts due to the petitioner in respect of the work covered by Ext.P16 completion certificate. The case of the petitioner is that though the bill in respect of the work referred to in Ext.P16 completion certificate has become matured, the amounts due to the petitioner are not being disbursed since a portion of the proceeds of the bill in respect of the said work has been adjusted towards the security deposit of the works covered by Exts.P1 to P6 communications. W.P.(C) No. 27898 of 2016 -2- According to the petitioner, the security deposits in respect of the works referred to in Exts.P1 to P6 communications would come to approximately Rs.Two crores and what is due to the petitioner in respect of the work referred to in Ext.P16 completion certificate is approximately Rs.Three crores. The limited prayer of the petitioner, in the circumstances, is for a direction to the respondents concerned to adjust the security deposits in respect of the works covered by Exts.P1 to P6 communications from the amounts payable to him in respect of the works referred to in Exts.P12 and P13 communications. According to the petitioner, the works referred to in Exts.P12 and P13 communications have also been completed and payments due are not made since the turn of the petitioner has not come in terms of the priority.
2. Heard the learned counsel for the petitioner as also the learned Government Pleader. W.P.(C) No. 27898 of 2016 -3-
3. In so far as amounts are due to the petitioner in respect of the works referred to in Exts.P12 and P13 communications, the relief claimed by the petitioner is only reasonable.
4. In the result, the respondents concerned are directed to adjust the security deposits payable in respect of works referred to in Exts.P1 to P6 communications from the amounts payable to the petitioner in respect of the works referred to in Exts.P12 and P13 communications, so as to enable them to receive the admitted amounts due in respect of Ext.P16 completion certificate.
The writ petition is disposed of as above.
Sd/-
P.B. SURESH KUMAR JUDGE bpr