K.M.C.CONSTRUCTIONS LTD v. PROJECT DIRECTOR
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-01-18. K.M.C.CONSTRUCTIONS LTD v. PROJECT DIRECTOR. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TH THURSDAY, THE 18 DAY OF JANUARY 2024 / 28TH POUSHA, 1945 WP(C) NO. 2218 OF 2024 PETITIONER: K. M. C. CONSTRUCTIONS LTD DOOR NO. 1-80/40/SP/58-65, SHILPA HOMES, LAY OUT, GACHIBOWLI, HYDERABAD , REPRESENTED BY AUTHORISED SIGNATORY ARUN VASANA PERUMAL, PIN - 500032 BY ADV M. PROMODH KUMAR RESPONDENTS: 1 PROJECT DIRECTOR PROJECT MANAGEMENT TEAM, KERALA STATE TRANSPORT PROJECT, KESTON ROAD, KOWDIAR P. O. , PUBLIC WORKS DEPARTMENT, TRIVANDRUM, PIN - 695003 2 CHIEF ENGINEER PROJECTS KERALA STATE TRANSPORT PROJECT, KESTON ROAD, KOWDIAR PO, PUBLIC WORKS DEPARTMENT, TRIVANDRUM, PIN - 695003 3 SECRETARY PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695003 SRI. SUNIL K. KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18. 01.
2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Though the petitioner seeks that the respondents be directed to pay certain amounts covered by Ext. P2 work and as is evident from Exts. P4 to P7 and P8, today when this matter was called their learned st counsel - Sri. M. Promodh Kumar, confined his plea that the 1 respondent be directed to take up and decide Ext. P10 application -made by his client seeking extension of time; thus leading to an appropriate order being issued within a time frame to be fixed by this Court. 2. Learned Government Pleader - Sri. Sunil Kumar Kuriakose, in response, submitted that there is no legal impediment in Ext. P10 being st taken up and disposed of by the 1 respondent; but prayed that this Court may not make any affirmative declarations on their entitlement to any relief and leave it to be decided by the competent Authority, in terms of law.
He, however, added that the entitlement of the petitioner to the reliefs sought will depend upon the assessment of the work and the objections, if any, against it. Taking note of the afore submissions, I allow this writ petition and st direct the 1 respondent to take up Ext. P10 application of the petitioner and dispose of the same, after affording them an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three weeks from the date of receipt of a copy of this judgment. Needless to say, if any amounts are admitted from Exts. P4 to P7, same shall be paid to the petitioner within a period of two months from the date of receipt of a copy of this judgment; and if it is not, then the reasons for same shall be reflected in the resultant order. Sd/- DEVAN RAMACHANDRAN JUDGE MC/19.
1 APPENDIX OF WP(C) 2218/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 1ST RESPONDENT, DATED 07-09- 2020 Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF CONDITIONS OF AGREEMENT TO BETWEEN THE PETITIONER AND 1ST RESPONDENT, DATED 07- 10-2020 Exhibit P3 TRUE COPY OF THE LETTER OF THE2ND RESPONDENT Exhibit P4 TRUE COPY OF THE IPC NO. 11 CERTIFIED BY THE ENGINEER Exhibit P5 TRUE COPY OF I. P. C 13 CERTIFIED BY THE ENGINEER Exhibit P6 TRUE COPY OF IPC NO. 14 Exhibit P7 TRUE COPY OF THE LETTER SUBMITTED IN THE MONTH OF MAY 2023 WHICH IS NEITHER CERTIFIED NOR PAID WHICH COVERS AND AMOUNT OF RS. 5. 7 CRORES Exhibit P8 TRUE COPY OF THE LETTER DATED 08-01-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF SOME OF THE LETTERS ISSUED BY THE PETITIONER IN THIS REGARD Exhibit P10 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 19-12-2023
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.