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2022 Supreme(Online)(KER) 33043

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943 WP(C) NO. 29745 OF 2021 PETITIONER:

BMT CONSTRUCTIONS

12/80B, MALIKAYIL BUILDING, MANTHADI, KIDANGOOR SOUTH P.O., KOTTAYAM - 686 583 REPRESENTED BY IS AUTHORISED SIGNATORY BIBY T.S.

BY ADV BINOY VASUDEVAN RESPONDENTS:

1 BHARATH SANCHAR NIGAM LIMITED (GOVERNMENT OF INDIA UNDERTAKING) REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, BSNL CORPORATE OFFICE, HARISH CHANDRA MATHUR LANE, JANPATH, NEW DELHI – 110001.

2 THE CHIEF GENERAL MANAGER BHARATH SANCHAR NIGAM LIMITED, PMG JUNCTION, THIRUVANANTHAPURAM - 695 001.

3 THE PRINCIPAL GENERAL MANAGER BHARATH SANCHAR NIGAM LIMITED, OFFICE OF THE PRINCIPAL GENERAL MANAGER, BSNL, TELECOM DISTRICT, KOTTAYAM - 686 001.`

OTHER PRESENT:

SRI.MATHEWS.K.PHILIP, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. --------------------------------

W.P.(C).No.29745 of 2021 ----------------------------------------------

Dated this the 14th day of January, 2022

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a Writ of Mandamus or other appropriate Writs, Orders or Directions commanding the respondents particularly the 3rd respondent to release the security deposit as well as the EMD pertaining to the subject matter works to the petitioner by considering Exhibits P-3 and P-4 representations as expeditiously as possible at any rate within a time frame to be fixed by this Hon'ble Court in the interest of justice.

ii. Issue a Writ to declare that the 3rd respondent is having absolutely no authority to withhold the security deposit as well as the EMD amount since the period of contract and the no fault period had expired long back.

iii. Render such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The grievance of the petitioner is that the 3rd respondent is not justified in withholding the security deposit and the earnest money deposit which are liable to be given to the petitioner once the period of contract and the no fault period is over. The petitioner submitted Exts.P3 and P4 representations before the 3rd respondent. The learned counsel for the petitioner that there is no response to those representations so far.

3. I also heard the learned Standing Counsel for the respondents.

4. The learned Standing Counsel submitted that the authority concerned will consider Exts.P3 and P4 and will pass appropriate orders, and if there is any eligible amount, the authority concerned will disburse the same to the petitioner.

5. If that is the case, this writ petition can be disposed of directing the 3rd respondent to consider Exts.P3 and P4, and also to disburse the amount, if any, due to the petitioner.

Therefore, this writ petition is disposed of in the following manner:

1. The 3rd respondent is directed to consider and pass appropriate orders in Exts.P3 and P4 in accordance to law, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

2. If any amount is to be paid to the petitioner based on the order passed by the 3rd respondent, the same should be disbursed within six weeks from the date on which orders are passed in Exts.P3 and P4.

sd/-

P.V.KUNHIKRISHNAN JUDGE

JV

APPENDIX OF WP(C) 29745/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE TENDER NOTIFICATION BEARING NO.

N12/CP/2017-18/PDF/1 ON 01/04/2017.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED

29/10/2019 IN WP(C) NO.25321 OF 2019.

Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 05/08/2021.

Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE

3RD RESPONDENT DATED 05/08/2021 ALONG WITH POSTAL RECEIPT.

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