Kerala High Court
Anil Kumar C vs State Of Kerala on 24 March, 2022
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 24TH DAY OF MARCH 2022/3RD CHAITHRA, 1944
WP(C) NO. 10135 OF 2022
PETITIONER:
ANIL KUMAR C., P.W.D. CONTRACTOR,
CHAPPOTHIL HOUSE, KUNNAMANGALAM P.O.,
KOZHIKODE 673 571.
BY ADVS.
JOMY GEORGE
R.PADMARAJ
M.J.BENNY
DEEPAK MOHAN
R.AJITH KUMAR [V.K.EDOM]
CHITRA N. DAS
RISHAB S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANTHAPURAM 695 001.
2 THE SECRETARY,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANTHAPURAM 695 001.
3 THE SUPERINTENDING ENGINEER,
PWD ROADS, NORTH CIRCLE,
PWD COMPLEX, MANANCHIRA,
KOZHIKODE 673 001.
SRI.APPU P.S., G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.10135/2022
2
JUDGMENT
Dated this the 24th day of March, 2022 The petitioner, who has executed an agreement with the 3rd respondent for the work of "improvements and providing BM & AMP, to BC to Madathil thazha Kodancheri post office road from km 1/000 to 3/250" on 17.02.2021, is before this Court seeking to relieve the petitioner from the contractual obligations after recording the measurements of the work done by him and after settling his bills or to exempt the petitioner from the obligation of rectifying the defects of the work if any during the defect liability period.
2. The petitioner states that he entered into an agreement with the 3rd respondent for the afore work. The petitioner has completed substantial portion of the work. While carrying out the work, the surface of the road was WP(C) No.10135/2022 3 completely finished with the WMM-GSB work and it was in a compact condition. The petitioner states that even if the trench is filled with soil, it is very difficult to get the original compactness for the road. The petitioner has to wait till the end of the next rainy season to proceed with the work, if the original compactness has to be achieved for the surface. Before that, if the BM and BC work is done, there is every chance for the road to sink and it will create crack in the surface of the road.
3. In such circumstances, the petitioner submitted Exts.P4, P5 and P6 representations to the 3 rd respondent pointing out the said fact and requesting to relieve him from carrying out the balance work. The petitioner as per Exts.P4 to P6, requested the 3 rd respondent to settle the bills raised by the petitioner in respect of the work completed. Exts.P4 to P6 are not considered by the 3 rd respondent. Therefore, the petitioner is before this Court. WP(C) No.10135/2022 4
4. The learned Government Pleader entered appearance and resisted the writ petition. The Government Pleader controverted all the allegations made by the petitioner in the writ petition.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.
6. The specific case of the petitioner is that for maintaining compactness of the road, the balance work can be completed only after next rainy season. Therefore, the petitioner has to be relieved from the work for the time being after paying bills of the completed work.
In the facts of the case, this Court is of the view that the 3rd respondent can consider the representations submitted by the petitioner. Therefore, the writ petition is disposed of directing the 3rd respondent to consider Exts.P4 to P6 representations submitted by the petitioner WP(C) No.10135/2022 5 and take appropriate decision thereon within a period of one month.
Sd/-
N. NAGARESH JUDGE ncd/26.03.2022 WP(C) No.10135/2022 6 APPENDIX OF WP(C) 10135/2022 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE AGREEMENT SCHEDULE FOR THE WORK Exhibit P2 TRUE COPY OF THE PROFORMA FOR THE WORK Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 16.12.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT FOR EXTENSION OF TIME EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 28.02.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P5 TRUE COPYOF THE REPRESENTATION DATED 03.03.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 10.03.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT