High Court of KeralaWP(C)/24453/2012closed

We Build (P) Ltd T.K Rajan (Jv) v. State Of Kerala

2015-07-20Honourable Mr.Justice K.Vinod Chandran6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 PETITIONER(S) :

------------------------- WE BUILD (P) LTD T.K RAJAN (JV), HAVING ITS REGISTERED OFFICE AT TC16/713, JAGATHY, THIRUVANANTHAPURAM- 695 014, REPRESENTED BY THE MANAGING DIRECTOR WEBUILD(P)LTD.

BY ADVS.SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL RESPONDENT(S) :

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

1. GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT., LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695 001.

2. EMPOWERED COMMITTEE OF KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT (KSUDP), REPRESENTED BY THE PROJECT DIRECTOR KSDUP, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, 5TH FLOOR, TRANS TOWER, VAZHUTHAKCAD, THIRUVANANTHAPURAM- 690 014.

3. PROJECT DIRECTOR, PROJECT MANAGEMENT UNIT (PMU), PROJECT DIRECTOR KSDUP, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, 5TH FLOOR, TRANS TOWER, VAZHUTHAKCAD, THIRUVANANTHAPURAM- 690 014.

4. PROJECT MANAGER, PROJECT IMPLANTATION UNIT (PIU), KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT (KSUDP), CORPORATION BUILDING ANNEX, THIRUVANANTHAPURAM.

5. CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM CORPORATION BUILDING, THIRUVANANTHAPURAM.

..2/-

..2..

* ADDITIONAL R6 IMPLEADED

6. ASIAN DEVELOPMENT BANK INDIA, RESIDENT MISSION NO.4, SAN MARTIN MARG, CHANAKAYAPURI, NEW DELHI- 110 021.

* ADDITIONAL R6 IS IMPLEADED AS PER ORDER DATED 17.12.2013 IN I.A.NO.16846 OF 2013.

R1 TO R4 BY GOVERNMENT PLEADER SRI.MANOJ.P.KUNJACHAN R5 BY SRI.N.NANDAKUMARA MENON (SENIOR ADVOCATE) ADV. SRI.P.K.MANOJKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

APPENDIX PETITIONER(S)' EXHIBITS :

EXHIBIT P1: TRUE COPY OF THE AGREEMENT NO.10/PIU/KSUDP/URT DATED 07.11.2008.

EXHIBIT P2: TRUE EXTRACT OF THE RELEVANT PART OF THE AGENDA NOTES ON 16.02.2010.

EXHIBIT P3: TRUE EXTRACT OF THE RELEVANT PART OF THE MINUTES OF EMPOWERED COMMITTEE DATED 17.02.2010.

EXHIBIT P4: TRUE AND RELEVANT EXTRACT OF THE CLAUSES 46 OF G.C.C FOR EXHIBIT P1 AGREEMENT.

EXHIBIT P4(A): TRUE AND RELEVANT EXTRACT OF THE CLAUSE (46(1) OF P.C.C FOR EXHIBIT P1 AGREEMENT EXHIBIT P5: TRUE COPY OF THE NOTICE OF TERMINATION DATED 30.03.2010 OF 4TH RESPONDENT.

EXHIBIT P6: TRUE COPY OF LETTER DATED 17.04.2010 OF PETITIONER. EXHIBIT P7: TRUE EXTRACT OF THE CLAUSES 57 OF G.C.C. EXHIBIT P8: TRUE COPY OF THE UTILIZATION REPORT DATED 10.05.2010 SUBMITTED BY PETITIONER.

EXHIBIT P9: TRUE COPY OF PETITIONER'S LETTER DATED 11.05.2010 TO 1ST RESPONDENT.

EXHIBIT P10: TRUE COPY OF LETTER DATED 07.10.2011 TO 1ST RESPONDENT. EXHIBIT P11: TRUE COPY OF THE LETTER DATED 05.11.2011 OF 4TH RESPONDENT FORWARDING FRL.

EXHIBIT P12: TRUE COPY OF THE LETTER DATED 29.02.2012 OF 4TH RESPONDENT.

EXHIBIT P13: TRUE EXTRACT OF CLAUSE 37 OF G.C.C. EXHIBIT P14: TRUE COPY OF THE TERMINATION NOTICE DATED 03.03.2014 OF 4TH RESPONDENT.

EXHIBIT P15: TRUE COPY OF THE LETTER DATED 12.03.2012 OF PETITIONER. EXHIBIT P16: TRUE COPY OF THE LETTER DATED 27.03.2012 OF PETITIONER.

EXHIBIT P17: TRUE COPY OF THE LETTER DATED 26.06.2012 OF PETITIONER. EXHIBIT P18: TRUE COPY OF LETTER DATED 12.07.2012 OF PETITIONER. EXHIBIT P19: TRUE COPY OF THE LETTER DATED 10.10.2012 OF PETITIONER. EXHIBIT P20: TRUE COPY OF THE CANCELLATION LETTER DATED 19.11.2009 OF THE 4TH RESPONDENT.

EXHIBIT P21: TRUE COPY OF THE PETITION DATED 30.06.2012 TO THE HON'BLE MINISTER.

EXHIBIT P22: TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 25.07.2012.

EXHIBIT P23: TRUE COPY OF THE LETTER DATED 01.08.2012 OF 4TH RESPONDENT.

EXHIBIT P24: TRUE COPY OF THE LETTER DATED 13.08.2012 OF 4TH RESPONDENT.

EXHIBIT P25: TRUE COPY OF AGENDA NOTE DATED 14.09.2012 OF 3RD RESPONDENT (EXTRACT).

EXHIBIT P26: TRUE COPY OF THE PETITION DATED 19.09.2012 OF THE HON'BLE MINISTER.

EXHIBIT P27: TRUE EXTRACT OF TECHNICAL CIRCULAR OF KSUDP DATED 15.06.2011.

EXHIBIT P28: TRUE COPY OF THE LETTER DATED 10.10.2012 OF THE PETITIONER.

EXHIBIT P29: A TRUE COPY OF THE SUPPLEMENTAL AGREEMENT DATED 06.12.2012.

EXHIBIT P30: A TRUE COPY OF THE APPLICATION OF TIME DATED 26.11.2012. EXHIBIT P31: A TRUE COPY OF THE LETTER DATED 19.12.2012 OF THE 4TH RESPONDENT.

EXHIBIT P32: A TRUE COPY OF THE LETTER DATED 26.10.2010 BY THE PETITIONER.

EXHIBIT P33: A TRUE COPY OF THE REPLY TO THE LETTER OF 4TH RESPONDENT BY THE PETITIONER DATED 27.09.2013. EXHIBIT P34: A TRUE COPY OF THE EXTRACT CLAUSE 24 OF G.C.C. EXHIBIT P35: A TRUE COPY OF THE ORDER OF G.O(RT)NO.2765/2013/LSGD DATED 11.11.2013.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- EXHIBIT R4(A):

TRUE PHOTOCOPY OF THE LETTER DATED 02.04.2009 OF THE PETITIONER.

EXHIBIT R4(B):

A TRUE PHOTOCOPY OF THE ENQUIRY REPORT SUBMITTED BY THE ENQUIRY COMMITTEE CONSTITUTED BY THE 4TH RESPONDENT.

//TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.24453 of 2012 --------------------------------------- Dated this the 20th day of July, 2015.

JUDGMENT

The writ petition projects disputed questions of fact, which however cannot be resolved by this Court sitting in Article 226 of the Constitution of India. The petitioner necessarily will have to take appropriate proceedings before the Civil Court or arbitration proceedings, if so and as advised.

Leaving open such remedy to the petitioner, the writ petition would stand closed.

Sd/- K. VINOD CHANDRAN, JUDGE sp