T.A.Xavier v. Government Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13772 of 2015 (V) ---------------------------- PETITIONER :

----------------------- T.A.XAVIER,S/O. AUGUSTINE, AGED 67 YEARS, CONTRACTOR, M/S.T.A.XAVIER & SONS, THAREPARAMBIL HOUSE, PALLURUTHY P.O., KOCHI-682 006.

BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH RESPONDENT(S):

----------------------------

1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, PUBLIC OFFICES, MUSEUM, THIRUVANANTHAPURAM-695 033.

3. PALA MUNICIPALITY, PALA P.O., KOTTAYAM DISTRICT-686 575, REPRESENTED BY ITS SECRETARY.

4. MUNICIPAL ENGINEER, PALA MUNICIPALITY, PALA, KOTTAYAM DISTRICT-686 575.

5. SUPERINTENDING ENGINEER, PWD (ROADS & BRIDGES), SOUTH CIRCLE, PUBLIC OFFICES, MUSEUM, THIRUVANANTHAPURAM-695 033.

R1,R2 & R5 BY GOVERNMENT PLEADER SMT.ROSE MICHAEL R3 & R4 BY SRI.V.M.KURIAN, SC, PALA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 13772 of 2015 (V) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE TENDER NOTIFICATION DTD. 14.5.2013 ISSUED BY THE 3RD RESPONDENT.

P2 :

COPY OF THE RELEVANT PORTION OF THE AGREEMENT NO.2/13-14 DTD. 3.9.2013 EXECUTED BETWEEN THE PETITIONER AND THE 3RD RESPONDENT.

P3 :

COPY OF THE RELEVANT PAGE OF TEH SCHEDULE ATTACHED TO EXT.P2 AGREEMENT DETAILING THE PILING WORKS.

P4 :

COPY OF THE LETTER DTD. 1.1.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

P5 :

COPY OF THE PROCEEDING DTD. 22.2.2014 OF THE 3RD RESPONDENT. P6 :

COPY OF THE RELEVANT PORTION OF CLAUSE 13 CONDITIONS ATTACHED TO EXT.P2 AGREEMENT.

P7 :

COPY OF THE RELEVANT PAGES OF THE SCHEDULE OF WORKS INVOLVED IN AGREEMENT NO.8/SESC/2014-15 DTD. 30.5.2014, EXECUTED BETWEEN RAJI MATHEW AND THE 5TH RESPONDENT, DETAILING THE APPROVED RATE FOR THE DMC PILING WORKS.

P7(A) : COPY OF THE DATA OF 400, 500 AND 600 PILE SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

P8 :

COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT WITH RELEVANT PAGES OF THE RUNNING ACCOUNT MAINTAINED BY THE 3RD RESPONDENT.

P9 :

COPY OF THE REPRESENTATION DTD. 24.3.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.13772 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of May, 2015

JUDGMENT

The writ petition is filed challenging the denial of rate as provided in Ext.P7 schedule of rates of the fifth respondent, as provided under Ext.P6 conditions of Ext.P2 agreement, for the DMC piling works, which are not included in Ext.P2 agreement.

2. Heard learned counsel for the parties and perused the materials available on record.

3. In the facts and circumstances, there will be a direction to the second respondent to consider and pass appropriate orders on Ext.P9, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, there will be a direction to the third respondent to disburse any admitted amount to the petitioner without any further delay, at any rate, within a period of four weeks.

Writ petition is disposed of.

A.MUHAMED MUSTAQUE JUDGE jes