Indo Quartz vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 23, 2022

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Citation: sooperkanoon.com/1551916
Court: Kerala High Court
Judge: Honourable Mr.Justice N.Nagaresh
Decided On: Feb 23, 2022
Case Number: WP(C)/27602/2021

Parties & Advocates

Appellant / Petitioner

Indo Quartz

Respondent

State of Kerala

Excerpt

.....this the 23rd day of february, 2022 the petitioner, a proprietary concern named m/s.indo quartz, has undertaken contract work on behalf of the kerala state electricity board. the petitioner claims that they have completed the work to the satisfaction of the respondents. however, an amount of ₹1,94,670/- is yet to be paid to the petitioner.2. the petitioner contended that the work wascompleted in the year 2009 to the satisfaction of the respondents. for no conceivable reason, the disbursement of the amounts due to the petitioner has been delayed. the petitioner made a number of communications which were of no avail. it is for the said reason that the petitioner has approached this court.3. the learned standing counsel representingrespondents 2 to 7 entered appearance and contested the writ petition. the learned standing counsel submitted that the supply and installation of porous tube piezometer at upper moozhiyar dam, done by the petitioner has not been working properly for a considerable time. the respondents had to repair the same spending an amount of ₹1,900/- on 21.01.2022. subsequently, the meter is functioning properly as on date. the learned standing counsel further submitted that the balance amount due to the petitioner is ₹1,26,191/- as stated in ext.p6 communication dated 12.03.2019. however, the petitioner is insisting payment of an amount of ₹1,94,670/- towards the settlement of the dues. this is the reason that the payment is being delayed.4. the learned counsel for the petitioner submittedthat the petitioner will be satisfied if the amount of ₹1,26,191/- as computed by the respondents is paid. if the said amount is paid, the petitioner will not stake claim for any further payment.5. as an amount of ₹1,26,191/- is undisputably due tothe petitioner, this court is of the view that the writ petition can be disposed of giving appropriate direction to the competent disbursing authority. in the circumstances, the writ petition is disposed.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 23RD DAY OF FEBRUARY 2022 / 4TH PHALGUNA, 1943 WP(C) NO. 27602 OF 2021 PETITIONER: M/s.INDO QUARTZ, CHANDRATHIL ROAD, EDAPPALLY NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, KOCHI, PIN-682 024, REPRESENTED BY ITS PROPRIETOR, SHRI. JAISON MATHEW, AGED 55 YEARS, S/O. C.V.MATHEW.
BY ADVS. VARGHESE C.KURIAKOSE V.V.SHAJI SUSANTH SHAJI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF POWER, FIRST FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2 KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN-695 004, REPRESENTED BY ITS MANAGING DIRECTOR. 3 CHIEF ENGINEER CIVIL (DAM SAFETY & DRIP), KERALA STATE ELECTRICITY BOARD LTD., DAM SAFETY ORGANIZATION, FIRST FLOOR, DSO BUILDING PALLOM, KOTTAYAM DISTRICT, PIN-686 007. 4 DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD LTD., RESEARCH & DAM SAFETY ORGANIZATION, DSO BUILDING PALLOM, KOTTAYAM DISTRICT, PIN-686 007. 5 DEPUTY DIRECTOR, OFFICE OF THE DEPUTY DIRECTOR, RESEARCH AND DAM SAFETY, DIVISION NO.1, KAKKAD, SEETHATHODU P.O., 6 EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, DAM SAFETY SUB DIVISION NO.1, KAKKAD, SEETHATHODU P.O.,
7 ASSISTANT EXECUTIVE ENGINEER, DAM SAFETY SUB DIVISION, KAKKAD, SEETHATHODU P.O., SMT.PARVATHY KOTTOL, GOVERNMENT PLEADER SRI.B.PRAMOD, SC FOR KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 23rd day of February, 2022 The petitioner, a proprietary concern named M/s.Indo Quartz, has undertaken contract work on behalf of the Kerala State Electricity Board. The petitioner claims that they have completed the work to the satisfaction of the respondents. However, an amount of ₹1,94,670/- is yet to be paid to the petitioner.

2. The petitioner contended that the work was

completed in the year 2009 to the satisfaction of the respondents. For no conceivable reason, the disbursement of the amounts due to the petitioner has been delayed. The petitioner made a number of communications which were of no avail. It is for the said reason that the petitioner has approached this Court.

3. The learned Standing Counsel representing

respondents 2 to 7 entered appearance and contested the writ petition. The learned Standing Counsel submitted that the Supply and Installation of Porous Tube Piezometer at Upper Moozhiyar Dam, done by the petitioner has not been working properly for a considerable time. The respondents had to repair the same spending an amount of ₹1,900/- on 21.01.2022. Subsequently, the meter is functioning properly as on date. The learned Standing Counsel further submitted that the balance amount due to the petitioner is ₹1,26,191/- as stated in Ext.P6 communication dated 12.03.2019. However, the petitioner is insisting payment of an amount of ₹1,94,670/- towards the settlement of the dues. This is the reason that the payment is being delayed.

4. The learned counsel for the petitioner submitted

that the petitioner will be satisfied if the amount of ₹1,26,191/- as computed by the respondents is paid. If the said amount is paid, the petitioner will not stake claim for any further payment.

5. As an amount of ₹1,26,191/- is undisputably due to

the petitioner, this Court is of the view that the writ petition can be disposed of giving appropriate direction to the competent disbursing authority. In the circumstances, the writ petition is disposed of directing the competent disbursing authority among the respondents to effect payment of ₹1,26,191/- to the petitioner, within a period of six weeks. Sd/- N. NAGARESH JUDGE SR APPENDIX OF WP(C) 27602/2021 PETITIONER'S EXHIBITS:

Exhibit P1 TRUE PHOTOSTAT COPY OF THE WORK ORDER

DATED 16.10.2009 ISSUED BY THE 5TH RESPONDENT IN FAVOUR OF THE PETITIONER. Exhibit P2 TRUE PHOTOSTAT COPY OF THE AGREEMENT DATED 29.10.2009 ENTERED INTO BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. Exhibit P3 TRUE PHOTOSTAT COPY OF THE RIGHT TO INFORMATION APPLICATION DATED 13.9.2016 SUBMITTED BY THE PETITIONER. Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPLY DATED 14.10.2016 ISSUED BY THE 6TH Exhibit P5 TRUE PHOTOSTAT COPY OF THE LAWYER NOTICE CAUSED BY THE PETITIONER DATED 25.2.2019. Exhibit P6 TRUE PHOTOSTAT COPY OF THE LETTER DATED 12.3.2019 ISSUED BY THE 6TH RESPONDENT. Exhibit P7 TRUE PHOTOSTAT COPY OF THE APPLICATION DATED 14.7.2020 SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER OF THE 4TH Exhibit P8 TRUE PHOTOSTAT COPY OF THE REPLY DATED 27.7.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 4TH

SR //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2022 Same Parties Indo Quartz vs State of Kerala Same Judge Honourable Mr.Justice N.Nagaresh