Kerala High Court
M/S. Allies Fire Systems Pvt. Ltd vs State Of Kerala on 14 December, 2016
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 26TH DAY OF JULY 2018 / 4TH SRAVANA, 1940
WP(C).No. 24981 of 2018
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PETITIONER:
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M/S. ALLIES FIRE SYSTEMS PVT. LTD.,
1ST FLOOR, CITY SCAPE BUILDING,
NEAR POLICE STATION,
SOUTH KALAMASSERY, CHANGAPPUZHA PARK PO,
ERNAKULAM - 682 033, REP. BY DIRECTOR
TONY JOSEPH, AGED 49, S/O.C.P.JOSEPH.
BY ADVS.SRI.PRAVEEN K. JOY
SMT.M.R.ESHRATH BAI
RESPONDENT(S):
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1. STATE OF KERALA
REP. BY SECRETARY,
FISHERIES DEPARTMENT, SECRETARIAT,
TRIVANDRUM - 695 001.
2. KERALA STATE SO-OPERATIVE FEDERATION
FOR FISHERIES DEVELOPMENT (MATSYAFED),
MANACAUD PO, TRIVANDRUM - 695 009,
REPRESENTED BY MANAGING DIRECTOR.
3. DEPUTY GENERAL MANAGER (ENGINEERING)
KERALA STATE SO-OPERATIVE FEDERATION
FOR FISHERIES DEVELOPMENT(MATSYAFED),
MANACAUD PO, TRIVANDRUMM - 695 009.
R1 BY SENIOR GOVERNMENT PLEADER SRI.B. VINOD
R2 & R3 BY SRI.T.P.PRADEEP, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-07-2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
mbr/
WP(C).No. 24981 of 2018 (W)
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APPENDIX
PETITIONERS' EXHIBITS:
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EXT.P1 TRUE COPY OF THE CERTIFICATE OF DIVISIONAL
OFFICER FIRE AND RESCUE SERVICES,
THIRUVANANTHAPURAM DATED 14/12/2016.
EXT.P2 TRUE COPY OF THE LETTER DATED 01/04/2018 WITH
CONFIRMATION OF ACCOUNTS TO THE 2ND RESPONDENT.
EXT.P3 TRUE COPY OF THE RELEVANT ANNEXURE LETTER
WITH CONFIRMATION OF ACCOUNTS AND BALANCE
AMOUNT DUE OF RS.11,83,635 TO THE 2ND RESPONDENT.
EXT.P4 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 25/03/2017 BEFORE THE 2ND RESPONDENT.
EXT.P5 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 24/10/2017 BEFORE THE 2ND RESPONDENT.
EXT.P6 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 01/06/2018 BEFORE THE 2ND RESPONDENT.
EXT.P7 TRUE COPY OF THE QUOTATION DATED 21/07/2018.
RESPONDENTS' EXHIBITS: NIL
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/TRUE COPY/
P.S.TO JUDGE
mbr/
31.07.2018.
ANU SIVARAMAN, J.
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W.P.(C) No. 24981 of 2018
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Dated this the 26th day of July, 2018
JUDGMENT
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The petitioner has approached this Court with the following prayers:-
i) To issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the Respondents 1 to 3 to release the admitted amount, for the work done and retention amount together with interest and to consider Exts.P5 and P6 representation, within a time frame, in the interest of justice.
ii) To issue a writ, order or direction in the nature of Mandamus or other appropriate writ directing the 2 nd and 3rd respondents to stay the further proceedings under Ext.P7, till the respondent No.2 release the admitted amount of the work done and installed fire safety arrangements by the petitioner under Ext.P4, in tune with Ext.P1 certificate and P2 and P3 Documents in the interest of justice.
iii) To call for records and set aside the Ext.P7 notice, in the interest of justice.
2. Heard learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for respondents 2 and 3.
3. It is submitted by the learned counsel for the petitioner that Exts.P5 and P6 representations are pending W.P.(C) No.24981 of 2018 2 before the 2nd respondent. It is stated that in the meanwhile steps are being taken for tendering the work with respect to the annual maintenance work without considering the request made by the petitioner for release of the bills.
4. Having considered the contentions advanced and having heard learned counsel for the petitioner, I am of the opinion that Exts.P5 and P6 representations preferred by the petitioner are liable to be considered and disposed of at the earliest. There will be a direction to the 2 nd respondent to take up, consider and pass orders on Exts.P5 and P6 representations at the earliest, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE rmm