Kabeer M vs Kerala Irrigation Infrastructure Development Corporation Limited

Type Court Judgment Court Kerala Decided Oct 03, 2023

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Citation: sooperkanoon.com/1409431
Court: Kerala High Court
Judge: Honourable Mr. Justice Devan Ramachandran
Decided On: Oct 03, 2023
Case Number: WP(C)/41525/2022

Parties & Advocates

Appellant / Petitioner

Kabeer M

Respondent

Kerala Irrigation Infrastructure Development Corporation Limited

Excerpt

.....wp(c) no. 41525 of 2022 2judgmentthe petitioner seeks a direction to the respondents to pay the balance amounts due to him, under a contract which he had entered into with them with respect to certain works, which he says has been completed satisfactorily.2. pertinently, the afore request of the petitioner, as made by hislearned counsel - sri.babu joseph kuruvathazha, was answered by the learned standing counsel for the respondents - sri.pirappancode v.s.sudheer, relying upon the counter affidavit of his client, wherein, it is averred unequivocally that an amount of rs.32,07,989/- is still due to the petitioner. he, however, submitted that his clients does not have the financial capacity to pay this money; and that they have sought the assistance of the government. he added that he is making this submission because, even though the contract was entered into by the 1st respondent with the petitioner, it was done on behalf of the department of tourism, government of kerala.3. it is thus clear that the petitioner’s claims are not disputed; butthat respondents are now seeking the assistance from the government. however, since it was they who had entered into the contract with the petitioner, it is for the respondents to follow up and make sure that sufficient resources are garnered to pay the eligible amounts due wp(c) no. 41525 of 2022 3 without any further delay. in the afore circumstances, i allow this writ petition and direct the respondents to ensure that the amount of rs.32,07,989/-, admitted by them in their counter pleadings, is disbursed to the petitioner as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. i also leave liberty to the respondents to appropriately liaise with the government, for necessary resources; for which purpose, all their liberties are left open. sd/- devan ramachandran judge mc/4.10 wp(c) no. 41525 of 2022 4 appendix of wp(c) 41525/2022 petitioner exhibitsexhibit p1 .....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945 WP(C) NO. 41525 OF 2022 PETITIONER: KABEER M AGED 40 YEARS S/O.M.ABDULLA, CONTRACTOR, MUNDANGALAM HOUSE, THEKKIL FERRY P.O., KASARAGOD DISTRICT, PIN - 671 541. BABU JOSEPH KURUVATHAZHA MOHAMMED SHAFI.K RESPONDENTS:
1 KERALA IRRIGATION INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, TC 36/1, NH66, BYPASS SERVICE ROAD, NEAR EANCHAKKAL JUNCTION, CHACKAI P.O., THIRUVANANTHAPURAM DISTRICT, PIN 695 024, REPRESENTED BY ITS MANAGING DIRECTOR. 2 EXECUTIVE ENGINEER, INLAND NAVIGATION DIVISION, KALLADA HOUSE, ASHRAMAM ROAD, ASHRAMAM, KOLLAM-691 101. 3 ASSISTANT ENGINEER, INLAND NAVIGATION SECTION, CHAVARA, CHAVARA P.O., KOLLAM DISTRICT, PIN - 691 583. Pirappancode V.S.Sudheer ADVOCATE GENERAL OFFICE KERALA AKASH S.(K/980/2008) GIRISH KUMAR M S(K/001593/2018) V.S.VARALEKSHMI(K/000910/2019) DEVIKA JAYARAJ(K/003117/2022)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 41525 OF 2022 2

JUDGMENT

The petitioner seeks a direction to the respondents to pay the balance amounts due to him, under a contract which he had entered into with them with respect to certain works, which he says has been completed satisfactorily.

2. Pertinently, the afore request of the petitioner, as made by his

learned counsel - Sri.Babu Joseph Kuruvathazha, was answered by the learned Standing Counsel for the respondents - Sri.Pirappancode V.S.Sudheer, relying upon the counter affidavit of his client, wherein, it is averred unequivocally that an amount of Rs.32,07,989/- is still due to the petitioner. He, however, submitted that his clients does not have the financial capacity to pay this money; and that they have sought the assistance of the Government. He added that he is making this submission because, even though the contract was entered into by the 1st respondent with the petitioner, it was done on behalf of the Department of Tourism, Government of Kerala.

3. It is thus clear that the petitioner’s claims are not disputed; but

that respondents are now seeking the assistance from the Government. However, since it was they who had entered into the contract with the petitioner, it is for the respondents to follow up and make sure that sufficient resources are garnered to pay the eligible amounts due WP(C) NO. 41525 OF 2022 3 without any further delay. In the afore circumstances, I allow this writ petition and direct the respondents to ensure that the amount of Rs.32,07,989/-, admitted by them in their counter pleadings, is disbursed to the petitioner as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. I also leave liberty to the respondents to appropriately liaise with the Government, for necessary resources; for which purpose, all their liberties are left open. Sd/- DEVAN RAMACHANDRAN JUDGE MC/4.10 WP(C) NO. 41525 OF 2022 4 APPENDIX OF WP(C) 41525/2022 PETITIONER EXHIBITS

Exhibit P1      TRUE COPY OF THE CC 1ST & PART BILL OF THE WORK
Exhibit P2      TRUE COPY OF THE CC 2ND & PART BILL OF THE WORK
Exhibit P3      TRUE COPY OF THE CC 3RD & FINAL RUNNING ACCOUNT

BILL OF THE WORK COMPRISED IN THE AGREEMENT DATED 16.4.2015. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10.9.2017 Exhibit P5 TRUE COPY OF THE INFORMATION DATED 11.10.2019 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 4.5.2020 Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 11.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 18.9.2002 IN O.P. NO.25741/2002 OF THIS HON'BLE COURT. Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 25.6.2004 IN CONT. CASE [C] NO.379/2004 OF THIS HON'BLE COURT. Exhibit P10 TRUE COPY OF THE ORDER DATED 4.5.2005 IN CIVIL APPEAL NO.3148/2005 OF THE HON'BLE SUPREME Exhibit P11 TRUE COPY OF THE ORDER DATED 10.5.2005 IN SPECIAL LEAVE TO APPEAL [CIVIL] NO.9780/2005 AND CONNECTED CASES OF THE HON'BLE SUPREME RESPONDENT EXHIBITS Exhibit R1(a) True copy of the GO (Rt) No. 5749/2013/TSM dated 12.07.2013 Exhibit R1(b) True copy of the Technical Sanction Order No. KIIDC/AMP/KYM/2015 dated 15.01.2015 Exhibit R1(c) True copy of the letter no. KIIDC/AMP-KYM/2015 dated 25.03.2015 Exhibit R1(d) True copy of the KIIDC/AMP/KYM/2015 dated 18.09.2019 issued by the 1st respondent to the Department of Tourism

Same Court & Year Kerala · 2023 Same Parties Kabeer M vs Kerala Irrigation Infrastructure Development Corp... Same Judge Honourable Mr. Justice Devan Ramachandran