Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943 WP(C) NO. 5503 OF 2016 PETITIONER: GREEN METHOD ENGINEERING (P) LTD., REPRESENTED BY ITS EXECUTIVE DIRECTOR, DAVIS.M.V., ATC BUILDING, MOOLEPADOM NAGAR ROAD, H.M.T. JUNCTION, KALAMASSERY, KOCHI, PIN-683104. BY ADV SRI.C.V.MILTON RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, MUSEUM, PIN-695001. 2 THE SUPERINTENDENT GENERAL HOSPITAL ERNAKULAM-682035. 3 HINDUSTAN PREFAB LIMITED REPRESENTED BY ITS REGIONAL IN CHARGE(SZ), TC 4 KERALA STATE POLLUTION CONTROL BOARD REPRESENTED BY CHIEF ENVIRONMENT ENGINEER, PATTOM P.O., THIRUVANANTHAPURAM-695004 (ADDITIONAL 4TH RESPONDENT WAS IMPLEADED AS PER ORDER DATED 14.03.2019 IN IA
BY ADVS. SRI. T.NAVEEN SC, KERALA STATE POLLUTION CONTROL BOARD, SRI.M.A.ASIF SMT. RASMI.K.M SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J -------------------------------------- W.P.(C)No.5503 of 2016 -------------------------------------- Dated this the 16th day of September 2021
JUDGMENT
The above writ petition is filed with following prayers:
“i. To call for the records of the case; ii. To issue a Writ of Mandamus or any other appropriate writ, order or direction, commanding the 2 nd respondent, Superintendent, General Hospital, Ernakulam, to pay Rs.9,27,498/- with 18% interest from 1.08.2015 immediately and iii. To issue such and other further reliefs as this Honourable Court deems fit and proper to grant in the facts and circumstances of this case including cost.”
2. Today when the matter came up for
final hearing, the learned counsel for the petitioner submitted that the above amount is due to the petitioner and the matter is pending before the additional 4th respondent. The learned Standing counsel who appeared for the additional 4th respondent submitted that there is no further agreement between the petitioner and the additional 4th respondent and the petitioner is not entitled any further amount. According to the respondents, whatever amount is due is already paid and the present claim is for an excess amount. Whatever that may be, admittedly, the matter is pending before the additional 4th respondent about the further claim of the petitioner. Therefore the additional 4th respondent will hear the petitioner and pass appropriate orders in accordance to law. Therefore, this writ petition is disposed in the following manner: i) The additional 4th respondent will give an opportunity of hearing to the petitioner about the averments in this writ petition and pass appropriate orders in accordance to law, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. ii) The petitioner will produce a copy of this judgment along with a copy of this writ petition before the additional 4th respondent for compliance. Sd/- P.V.KUNHIKRISHNAN JUDGE DM APPENDIX OF WP(C) 5503/2016 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE TENDER NOTICE NO. NIT NO. HPL/NIT/TVM/132/2011-12 DATED 28-3-2012. EXHIBIT P2 TRUE COPY OF THE LETTER OF AWARD NO. HPL/CE/LOA/2012-13/112/314 DATED 06- 06-2012. EXHIBIT P3 TRUE COPYOF THE AGREEMENT DATED 15- 9-12 BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMPLETION CERTIFICATE DATED 29-8-2013 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE DATED 18-3-2014 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE HANDING OVER CERTIFICATE DATED 01-09-2014. EXHIBIT P7 TRUE COPY OF LETTER NO. HPL/K/R1/2014-15/263/432 DATED 13- 09-2014 ALONG WITH THE UTILIZATION CERTIFICATE. EXHIBIT P8 TRUE COPY OF THE LETTER DATED 02-03- 2015 TO THE REGIONAL IN CHARGE OF THE 2ND RESPONDENT. EXHIBIT P9 TRUE COPY OF THE COMMUNICATION NO. HPL/PM/EKM/15-16 DATED 1-12-2015 SENT TO THE REGIONAL IN CHARGE (SZ). RESPONDENTS EXHIBITS : NIL /TRUE COPY// PA TO JUDGE