Manoj.a vs State of Kerala

Type Court Judgment Court Kerala Decided May 31, 2023

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Citation: sooperkanoon.com/1363723
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: May 31, 2023
Case Number: WP(C)/17560/2023

Parties & Advocates

Appellant / Petitioner

Manoj.a

Respondent

State of Kerala

Excerpt

.....may deem fit and proper in the circumstances of this case.” [sic] wp(c) no. 17560 of 2023 42. the petitioner was awarded the work 'general-bcoverlay to palakkad-thathamangalam-pollachi road km 6/100- work by ext.p1. it mandates that the contractor should deposit performance guarantee for an amount of rs.5,61,487/- and additional performance guarantee for an amount of rs.3,73,491/-. it was also ordered that at least 50% of the above amount should be offered by way of treasury fixed deposits. petitioner requested that the requirement of furnishing treasury saving deposit towards the performance guarantee and additional performance guarantee be dispensed with and adjusted against the money due to the petitioner from respondents as evident by ext.p2. hence, this writ petition.3. heard the learned counsel for the petitioner and the learned government pleader.4. the counsel for the petitioner submitted that in similar circumstances, this court passed orders as evident by exts.p4 and p5.5. after hearing both sides, i think similar directionswp(c) no. 17560 of 2023 5 like exts.p4 and p5 can be issued in this case also. therefore, this writ petition is allowed in the following manner : 1) the 2nd respondent is directed to execute the agreement with the petitioner in pursuance to ext.p1 without insisting treasury savings deposit towards the performance guarantee, additional performance guarantee and security deposit. 2) the 2nd respondent is free to adjust the above amount from the amount due to the petitioner as per ext.p2. 3) the time to execute the agreement will stand extended till the 2nd direction is complied with. sd/- p.v.kunhikrishnan judge sks wp(c) no. 17560 of 2023 6 appendix of wp(c) 17560/2023 petitioner exhibits exhibit-p1 a true copy of the letter of acceptance dated 17.05.2023 issued by the second respondent. exhibit-p2 a true copy of the letter dated 26.05.2023 issued by the third respondent. exhibit-p3 a true copy of the g.o.(rt.) no.3834/2020/fin......

Full Judgment

WP(C) NO. 17560 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 WP(C) NO. 17560 OF 2023 PETITIONER/S: MANOJ.A AGED 44 YEARS S/O. ANANTHAKRISHNAN, PWD CONTRACTOR, KALLANKULAMKALAM, PERUVEMBA VILLAGE, PERUVEMBA P.O, PALAKKAD TALUK, PALAKKAD DISTRICT., PIN - 678531 BY ADVS. JACOB SEBASTIAN WINSTON K.V ANU JACOB DIVYA R. NAIR RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 2 THE SUPERINTENDING ENGINEER (ROADS DIVISION) OFFICE OF THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, NORTH ZONE, PWD COMPLEX, MANANCHIRA, KOZHIKODE., PIN - 673001 3 THE EXECUTIVE ENGINEER OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PALAKKAD DISTRICT., PIN - 678001 4 THE ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
5 THE CHIEF SECRETARY WP(C) NO. 17560 OF 2023 2 GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 OTHER PRESENT: SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17560 OF 2023 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) No. 17560 of 2023 -------------------------------------- Dated this the 31st day of May, 2023

JUDGMENT

The above writ petition is filed with following prayers :

(I) “Issue a writ in the nature of mandamus commanding the

second respondent to execute the agreement with the petitioner in pursuance of exhibit-P1 is without Insisting treasury saving deposit towards the performance guarantee, guarantee and security deposit; additional performance

(ii) Issue a writ in the nature of mandamus commanding the second respondent to adjust the money towards the performance guarantee and additional performance guarantee from the unpaid bills of the petitioner;

(iii) Issue a writ in the nature of mandamus commanding

respondents two and three to include the petitioner's pending bill evidenced by exhibit-P2 online in the EMLI application and issue Indemnity certificate forthwith; and

(iv) Issue such other writ, order or direction, which this Hon'ble court may deem fit and proper in the circumstances of this case.” [SIC] WP(C) NO. 17560 OF 2023 4

2. The petitioner was awarded the work 'GENERAL-BC

overlay to Palakkad-Thathamangalam-Pollachi Road km 6/100- Work by Ext.P1. It mandates that the contractor should deposit performance guarantee for an amount of Rs.5,61,487/- and additional performance guarantee for an amount of Rs.3,73,491/-. It was also ordered that at least 50% of the above amount should be offered by way of Treasury Fixed Deposits. Petitioner requested that the requirement of furnishing Treasury Saving Deposit towards the performance guarantee and additional performance guarantee be dispensed with and adjusted against the money due to the petitioner from respondents as evident by Ext.P2. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. The counsel for the petitioner submitted that in similar circumstances, this Court passed orders as evident by Exts.P4 and P5.

5. After hearing both sides, I think similar directions

WP(C) NO. 17560 OF 2023 5 like Exts.P4 and P5 can be issued in this case also. Therefore, this writ petition is allowed in the following manner : 1) The 2nd respondent is directed to execute the agreement with the petitioner in pursuance to Ext.P1 without insisting Treasury Savings Deposit towards the performance guarantee, additional performance guarantee and security deposit. 2) The 2nd respondent is free to adjust the above amount from the amount due to the petitioner as per Ext.P2. 3) The time to execute the agreement will stand extended till the 2nd direction is complied with. sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 17560 OF 2023 6 APPENDIX OF WP(C) 17560/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 17.05.2023 ISSUED BY THE SECOND RESPONDENT. Exhibit-P2 A TRUE COPY OF THE LETTER DATED 26.05.2023 ISSUED BY THE THIRD RESPONDENT. Exhibit-P3 A TRUE COPY OF THE G.O.(RT.) NO.3834/2020/FIN. DATED 23.06.2020. Exhibit-P4 A TRUE COPY OF THE JUDGMENT DATED 17.01.2020 IN W.P.(C). NO.53/2020 OF THIS HONOURABLE COURT. Exhibit-P5 A TRUE COPY OF THE JUDGMENT DATED 25.08.2020 IN W.P.(C) NO.17718/2020 AND CONNECTED CASES OF THIS HONOURABLE COURT.

Same Court & Year Kerala · 2023 Same Parties Manoj.a vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan