Kerala High Court
Johnson Lifts Pvt.Ltd vs The Principal Project Consultant on 8 January, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941
WP(C).No.22505 OF 2019(K)
PETITIONER:
JOHNSON LIFTS PVT.LTD.
T/C. KP IX/933, AKG NAGAR, HOUSE
NO.216(A),PEROORKKADA, TRIVANDRUM, KERALA-695005
REPRESENTED BY ITS ZONAL MANAGER JOS P.GEO.
BY ADV. SRI.B.N.SHIVSANKAR
RESPONDENTS:
1 THE PRINCIPAL PROJECT CONSULTANT
KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION, 6TH
FLOOR, TRANS TOWER, THIRUVANANTHPAURAM-695014.
2 THE MANAGING DIRECTOR
KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION, 6TH
FLOOR, TRANS TOWER, THIRUVANANTHPAURAM-695014.
3 SECRETARY
MINISTRY OF TRANSPORT, SECRETARIAT,
THIRUVANANTHAPURAM-695001
4 SECRETARY
MINISTRY OF FINANCE, SECRETARIAT, THIRUVANNATHAPURAM-
695001
5 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHPAURAM-695001
GOVERNMENT PLEADER SMT.PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22505 OF 2019(K)
2
JUDGMENT
This writ petition is filed seeking direction to respondents 2, 3, 4 and 5 to grant administrative sanction for payment of balance amount due to the petitioner for the works executed by the petitioner after complying with the necessary formalities within a specified period.
2. The learned counsel for the petitioner submits that the entire work allotted had been successfully completed by the petitioner and that the balance amounts due have not been disbursed to the petitioner so far inspite of repeated demands.
3. The learned Standing Counsel appearing for the KTDFC submits that sanction for the revised estimate had been sought for by the KTDFC from the Government and that the Government has required the KTDFC to forward a revised proposal for the same. It is submitted that a revised proposal is being prepared and will be forwarded without delay.
4. The learned Special Government Pleader would submit that on the revised proposal being forwarded by the WP(C).No.22505 OF 2019(K) 3 KTDFC, the matter will be considered by the Government without further delay.
In the above view of the matter, there will be a direction to the 2nd respondent to forward a revised proposal for administrative sanction to the Government within a period of three weeks from the date of receipt of a copy of this judgment. On receipt of a revised proposal, the respondents 3 to 5 shall take appropriate steps to issue revised sanction on the basis of the revised proposal within a period of one month from the date of receipt of such proposal. The amounts found due to the petitioner shall be released without further delay thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Bng/08.01.2020 WP(C).No.22505 OF 2019(K) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF WORK CONFORMATION LETTER DATED 03.12.2012 EXHIBIT P2 TRUE COPY OF LICENSE TO WORK A LIFTS IN FORM 'F' DATED 20.02.2017 EXHIBIT P3 TRUE COPY OF THE LICENSE TO WORK A ESCALATOR IN FORM 'F' DATED 11.05.2017 EXHIBIT P4 TRUE COPY OF THE HANDING OVER CERTIFICATE DATED 14.3.2017 EXHIBIT P5 TRUE COPY OF THE HANDING OVER CERTIFICATE DATED 12.05.2017 EXHIBIT P6 TRUE COPY OF THE DEMAND LETTER DATED 24/08/2017 EXHIBIT P7 TRUE DRAFT COPY OF THE REPLY LETTER DATED 31.08.2017 EXHIBIT P8 TRUE COPY OF LAWYER NOTICE DATED 13.02.2019 EXHIBIT P9 TRUE COPY OF RECEIPT DATED 14.2.2019 EXHIBIT P10 TRUE COPY OF ACKNOWLEDGMENT CARD EXHIBIT P11 TRUE COPY OF REPLY NOTICE DATED 5/4/2019