M/S. Sabari Enterprises v. The Superintending Engineer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 WP(C).No. 30800 of 2015 (Y) -------------------------------------------- PETITIONER(S) :

-------------------------- M/S.SABARI ENTERPRISES, SARANYA COMPLEX, ORIPURAM, CHENNITHALA P.O., MAVELIKKARA, ALAPPUZHA, REPRESENTED BY ITS PARTNER, K.VIJAYHAKUMAR.

BY ADVS.SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S) :

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

1. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, BUILDINGS SOUTH CIRCLE, THIRUVANANTHAPURAM- 695 001.

2. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, SPECIAL BUILDINGS DIVISION, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM- 695 033.

3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, TRIVANDRUM- 695 001. BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 30800 of 2015 (Y) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

----------------------------------------- EXHIBIT P1: TRUE COPY OF THE TENDER SCHEDULE ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2: TRUE COPY OF SELECTION NOTICE DATED 03.10.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P3: TRUE COPY OF THE STATEMENT DATED 05.10.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 07.10.2015.

EXHIBIT P5: TRUE COPY OF ORDER DATED 17.11.2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6: TRUE COPY OF JUDGMENT DATED 13.02.2015 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.4224/2015.

EXHIBIT P7: TRUE COPY OF JUDGMENT DATED 18.02.2015 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.4753/2015.

EXHIBIT P8: TRUE COPY OF JUDGMENT DATED 09.04.2015 PASSED BY THIS HON'BLE COURT IN W.P.(C).NO.11287/2015.

RESPONDENT(S)' EXHIBITS :

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

Msd.

A.MUHAMED MUSTAQUE, J.

------------------------------------------ W.P(C).No.30800 of 2015 ------------------------------------------- Dated this the 9th October,2015

JUDGMENT

The petitioner is a registered contractor. He has been awarded with a work and Exhibit P2 selection notice dated 3.10.2015 was issued to him. As pr Exhibit P2, the petitioner has to deposit 16,97,000/-. Learned counsel for ₹ the petitioner submits that about 73,00,000/- is due to ₹ the petitioner for the work executed by him as per Exhibit P3.

2. In the above view of the matter, this Court is of the view that the amount payable by the petitioner as per Exhibit P2 shall be adjusted towards the amount due as per Exhibit P3.

The Writ Petition is disposed of as above.

A.MUHAMED MUSTAQUE JUDGE vgs9/10/15