IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 23825 of 2010(C) --------------------------------------- PETITIONER: ------------------- G.H.VIJAPURA & CO & EKK & CO.(JV), REPRESENTED BY SANJU MOHAMMED, POWER OF ATTORNEY HOLDER & AUTHORIZED SIGNATORY, EKK & CO, 2ND FOOR, MUNICIPAL BUILDINGS, PERUMBAVOOR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.K.BABU THOMAS. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF- GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE PROJECT DIRECTOR, KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT (KSUDP), 5TH FLOOR, TRANS TOWERS, VAZHUTHACAUD, TRIVANDRUM-14. 3. THE PROJECT MANAGER, KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT (KSUDP), 2ND FLOOR, SAKTAN ARCADE, THRISSUR. 4. THE THRISSUR CORPORATION, THRISSUR, REPRESENTED BY ITS SECRETARY. 5. THE SOUTH INDIAN BANK LTD, M.G.ROAD BRANCH, ERNAKULAM, REPRESENTED BY ITS MANAGER. R1 BY GOVERNMENT PLEADER SRI. DILEEP MOHAN, R4 BY ADVS. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATION., SRI.LELLULAL T.G.THUNDATHIL, R5 BY ADV. SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BANK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23825/2010-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER OF ACCEPTANCE. EXT.P.2: COPY OF THE PEFORMANCE BANK GUARANTEE. EXT.P.3: COPY OF THE AGREEMENT EXECUTED WITH THE R.3. EXT.P.4: COPY OF THE MINUTES OF THE MEETING. EXT.P.5: COPY OF THE LETTER TO THE R.3. EXT.P.6: COPY OF THE LETTER TO THE R.3. EXT.P.7: COPY OF THE LETTER TO THE R.3. EXT.P.8: COPY OF THE MONTHLY STATEMENT. EXT.P.9: COPY OF THE SUPPLEMENTAL AGREEMENT. EXT.P.10: COPY OF THE LETTER TO THE R.3. EXT.P.11: COPY OF THE LETTERS OF THE R.3. EXT.P.12: COPY OF THE REPRESENTATION OF THE PETITIONER. EXT.P.13: COPY OF THE LETTER BY THE R.3. TO THE BANK REQUIRING PAYMENT RS.1,41,37,364. RESPONDENTS' EXHIBITS: EXT.R3.1: COPY OF THE RELEVANT PORTION OF THE GENERAL CONDITION OF CONTRACT. EXT.R3.2: COPY OF THE LETTER OF ACCEPTANCE DTD. 10/03/2008. EXT.R3.3: COPY OF THE RELEVANT PORTION OF THE PARTICULAR CONDITIONS OF CONTRACT. EXT.R3.4: COPY OF THE SCHEDULE OF WORK. EXT.R3.5: COPY OF THE VARIATION ORDER NO.3 DTD. 25/04/2009. EXT.R3.6: COPY OF THE RELEVANT PORTIONS OF THE CLAUSES IN THE AGREEMENT CONDITION. EXT.R3.7: COPY OF THE REMARKS OF THE PROJECT DIRECTOR (RESPONDENT NO.2). EXT.R3.8: COPY OF THE FORM NO.21 BY DSC 2. EXT.R3.9: COPY OF THE RELEVANT PORTION OF SECTION 5 OF TERMS OF REFERENCE. EXT.R3.10: COPY OF THE PAGE NO.66 OF KSUDP VOLUME 6 PEMA MANUAL MAIN VOLUME. EXT.R3.11: COPY OF THE LETTER DTD. 16/07/2010. W.P.(C). NO.23825/2010-C: EXT.R3.12: COPY OF THE RELEVANT PORTION OF SECTION 8 PARTICULAR CONDITIONS OF CONTRACT. EXT.R3.13: COPY OF THE AGREEMENT CONDITION ANNEXURE 1 TO SECTION 7. EXT.R3.14: COPY OF THE FORMAT IN APPENDIX-2 OF FORM-25 OF KSUDP VOL6 PEMA MANUAL. EXT.R3.15: COPY OF THE GCC 45.2 SECTION 7 OF GENERAL CONDITION OF CONTRACT. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 23825 of 2010 C ``````````````````````````````````````````````````````` Dated this the 30th day of September, 2010 J U D G M E N T Petitioner is a contractor, who has been awarded the road improvement works for Thrissur, upgradation of city roads, pedestrian access, street lighting, traffic signs, planting of trees, hedges, etc. 2. In this writ petition, though the prayer sought is for quashing of Ext.P13 and for releasing substantial amounts, when the matter was taken up, counsel for the petitioner confined his prayer for consideration of Ext.P12 representation made before the second respondent. 3. Having regard to the limited nature of relief sought for, without expressing anything on the merits of the contentions raised, this writ petition is disposed of directing the second respondent to consider and pass orders on Ext.P12, as expeditiously as possible, at any rate, within four weeks from the date of production of a copy of this judgment. WPC.23825/10 : 2 : Petitioner to produce a copy of this judgment and writ petition before the second respondent for compliance. (ANTONY DOMINIC, JUDGE) aks