High Court of KeralaWP(C)/28900/2015disposed of

M/S.United Construction Company v. The State Of Kerala

2015-10-27Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 28900 of 2015 (J) --------------------------------------- PETITIONER(S):

----------------------- M/S.UNITED CONSTRUCTION COMPANY, ENGINEERING CONTRACTORS HAVING OFFICE AT VMC COMPLEX, WADAKKANCHERY-680 582, REPRESENTED BY IT'S MANAGING PARTNER V.C.ELIAS, AGED 79, S/O. V.M.CHACKO, VARAPPATHUKUZHIYIL HOUSE, KILLIMANGALAM P.O., PIN-680 591.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE COCHIN DEVASWOM BOARD, REPRESENTED BY IT'S SECRETARY, OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR-680 001.

R1 BY GOVERNMENT PLEADER SMT.C.K.SHERIN R2 BY ADVS. SRI.UNNIKRISHNAN V.ALAPATT, SC SRI.KRISHNA MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 28900 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : A TRUE COPY OF THE TENDER INVITED BY THE 2ND RESPONDENT AND THE TENDER SUBMITTED BY THE PETITIONER DATED NIL. P2 : A TRUE COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 2ND RESPONDENT DTD.28.11.2005.

P3 : A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DTD.30.3.2010.

P4 : A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DTD.24.9.2008.

P5 : A TRUE COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DTD.9.12.2009.

P6 : A TRUE COPY OF THE LETTER ISSUED BY THE THEN EXECUTIVE ENGINEER OF THE 2ND RESPONDENT DTD.14.6.2010.

P7 : A TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT DTD.1.7.2010.

P8 : A TRUE COPY OF THE ANOTHER COMMUNICATION ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DTD.24.11.2010.

P9 : A TRUE COPY OF THE LETTER ADDRESSED BY THE PETITIONER TO THE 2ND RESPONDENT DTD.4.8.2012.

P10 : A TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DTD.3.2.2014.

P11: A TRUE COPY OF THE ACKNOWLEDGMENT OF EXT.P10, DTD.4.2.2014. P12: A TRUE COPY OF THE FURTHER NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DTD.7.7.2014.

P13: A TRUE COPY OF THE ACKNOWLEDGMENT OF EXT.P12 DTD.10.7.2014. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A. MUHAMED MUSTAQUE, J ------------------------------------------------------ W.P.(C).No. 28900 of 2015 ------------------------------------------------------ Dated this the 27th day of October, 2015

JUDGMENT

The petitioner has undertaken contractual work on behalf of Cochin Devaswom Board. The petitioner approached this Court on account of delay in disbursing the final bill.

2. The learned Standing Counsel submits that the work of the petitioner suffers from defects and the petitioner is liable to cure the defects and on curing defects, the amount will be released to the petitioner.

3. Considering the facts and circumstances, this Court is of the view that the 2nd respondent is directed to intimate the petitioner, regarding the defects existing in the work. Needful shall be done within a period of two weeks. Thereafter, the petitioner shall carry out necessary work to the satisfaction of the 2nd respondent. Based on

W.P.(C).No. 28900 of 2015 -2the above, the amount shall be released to the petitioner without any delay. It is made clear that if there is any further dispute, the petitioner is free to approach Civil Court for seeking appropriate relief in the matter of releasing the amount based on the contract.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr