M/s Aranhikkal Group & Construction v State of Kerala and Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2023-10-28
Court Decision / Holding: Writ petitions disposed of in terms of the judgment of this Court in M/s. Malabar Tech v. State of Kerala (supra), with a consequential direction to the official respondents to ensure that the amounts retained from the petitioner’s bills are returned to them, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this judgment.
Final Disposition: Disposed of in terms of M/s Malabar Tech v. State of Kerala and Others (supra) with a direction to refund retained amounts within three months.

Parties to the Case

Appellants / Petitioners

M/S ARANHIKKAL GROUP & CONSTRUCTION represented by its Managing Partner Salmanul Fariz A

Respondents

The State of Kerala represented by Secretary to Government, Public Works Department, Government Secretariat, Thiruvananthapuram
The Secretary to Government, Finance Department (Industries and Public Works-B), Government Secretariat, Thiruvananthapuram
The Chief Engineer, Public Works Department (Roads and Bridges), Thycaud, Thiruvananthapuram
The Superintending Engineer, PWD Roads North Circle, PWD Complex, Mananchira, Kozhikode District
The Executive Engineer, PWD Roads Division, Manjeri, Malappuram District
The Senior Finance Officer, Office of the Chief Engineer, PWD (Roads and Bridges), Thycaud, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• Abdul Jawad K.
• Abdul Majeed N
• A. Grancy Jose

Counsels for Respondents

• K.V. Manoj Kumar, Sr. GP

Case Synopsis & Summary

These writ petitions by M/s Aranhikkal Group & Construction challenge retention of payments by the Public Works Department for works awarded to the petitioner. The petitioner, represented by Abdul Jawad K., Abdul Majeed N., and A. Grancy Jose, contends that the government’s withholding of sums from their bills constitutes improper retention and breach of contractual obligations. The petitions—WP(C) Nos. 26630/2023, 26831/2023, 26920/2023 and 27096/2023—were heard together before the Kerala High Court on 28 October 2023, with the State and allied departments appearing through counsel. The respondents concede that, under a prior decision of this Court in M/s Malabar Tech v. State of Kerala and Others (W.P(C) No. 22964/2021 and connected matters), the amounts retained should be refunded. However, they sought time to effect such refunds. The judge accepted that the issues have been resolved in the earlier decision and ordered the writ petitions to be disposed in terms of that judgment, with a consequential direction to the official respondents to return the retained amounts expeditiously, but not later than three months from receipt of the judgment. The outcome provides relief to the petitioners, ensuring prompt restitution of withheld monies and signaling a consistent approach to retention disputes in similar contracts.

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners submit that retention of sums from their bills is unlawful and contrary to the contract and prior judicial guidance; they rely on the Malabar Tech decision that such retentions should be refunded and seek prompt return of withheld amounts.

Contentions of Respondents

Respondents concede that refunds are required under the Malabar Tech ruling but sought a time-bound period to effect refunds, requesting at least three months to complete the transfers and adjust accounts.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
M/s Malabar Tech v. State of Kerala and Others	W.P(C) No.22964/2021 and connected matters	Positive	Court relied on this preceding decision to affirm refunds of retained amounts; issues were answered affirmatively for the petitioner in the cited case.

Extracted Judgment Text

Exact text extracted from official judgment records.

# `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN SATURDAY, THE 28[TH] DAY OF OCTOBER 2023 / 6TH KARTHIKA, 1945 ``` ``` WP(C) NO. 26630 OF 2023 ``` ## `PETITIONER:` ``` M/S.ARANHIKKAL GROUP & CONSTRUCTION, REPRESENTED BY ITS MANAGING PARTNER, SALMANUL FARIZ.A, ARANHIKKAL GROUP & CONSTRUCTION, PATHAPPIRIYAM, SCHOOL PADI, EDAVANNA, MALAPPURAM, PIN – 676123. ``` ``` BY ADVS. ABDUL JAWAD K. ABDUL MAJEED.N A.GRANCY JOSE ``` ## `RESPONDENTS:` - `1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001.` - `2 THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT (INDUSTRIES AND PUBLIC WORKS-B) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.` - `3 THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014.` - `4 THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PWD ROADS NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE DISTRICT, PIN – 673001.` - `5 THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI, MALAPPURAM DISTRICT, PIN – 676121.` - `6 THE SENIOR FINANCE OFFICER, OFFICE OF THE CHIEF ENGINEER,` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` **==> picture [22 x 9] intentionally omitted <==** ``` PUBLIC WORKS DEPARTMENT, PWD (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014. ``` ``` BY ADV.SRI.K.V.MANOJ KUMAR, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2023, ALONG WITH WP(C).26831/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -3- ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN SATURDAY, THE 28[TH] DAY OF OCTOBER 2023 / 6TH KARTHIKA, ``` ``` 1945 ``` ## `WP(C) NO. 26831 OF 2023` ## `PETITIONER:` ``` M/S.ARANHIKKAL GROUP & CONSTRUCTION, REPRESENTED BY ITS MANAGING PARTNER, SALMANUL FARIZ.A, ARANHIKKAL GROUP & CONSTRUCTION, PATHAPPIRIYAM, SCHOOL PADI, EDAVANNA, MALAPPURAM, PIN – 676123. ``` ``` BY ADVS. ABDUL JAWAD K. ABDUL MAJEED.N A.GRANCY JOSE ``` ## `RESPONDENTS:` ``` 1THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 2THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT (INDUSTRIES AND PUBLIC WORKS-B), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 3THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014. ``` ``` 4THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, PWD ROADS NORTH CIRCLE, PWD COMPLEX, ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -4- ``` ``` MANANCHIRA, KOZHIKODE DISTRICT, PIN – 673001. ``` ``` 5THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI, MALAPPURAM DISTRICT, PIN – 676121. ``` ``` 6THE SENIOR FINANCE OFFICER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, PWD (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014. ``` ``` BY ADV.SRI.K.V.MANOJ KUMAR, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2023, ALONG WITH WP(C).26630/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -5- ``` ## `IN THE HIGH COURT OF KERALA AT ERNAKULAM` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN SATURDAY, THE 28[TH] DAY OF OCTOBER 2023 / 6TH KARTHIKA, ``` ``` 1945 ``` ## `WP(C) NO. 26920 OF 2023` ## `PETITIONER:` ``` M/S.ARANHIKKAL GROUP & CONSTRUCTION, REPRESENTED BY ITS MANAGING PARTNER, SALMANUL FARIZ.A, ARANHIKKAL GROUP & CONSTRUCTION, PATHAPPIRIYAM, SCHOOL PADI, EDAVANNA, MALAPPURAM, PIN – 676123. ``` ``` BY ADVS. ABDUL JAWAD K. ABDUL MAJEED.N A.GRANCY JOSE ``` ## `RESPONDENTS:` ``` 1THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. ``` ``` 2THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT (INDUSTRIES AND PUBLIC WORKS-B), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. ``` ``` 3THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014. ``` ``` 4THE SUPERINTENDING ENGINEER, OFFICE OF THE SUPERINTENDING ENGINEER, ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -6- ``` ``` PWD ROADS NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE DISTRICT, PIN – 673001. ``` ``` 5THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI, MALAPPURAM DISTRICT, PIN – 676121. ``` ``` 6THE SENIOR FINANCE OFFICER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, PWD (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014. ``` ``` BY ADV.SRI.K.V.MANOJ KUMAR, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2023, ALONG WITH WP(C).26630 /2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -7- ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## `PRESENT` ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN SATURDAY, THE 28[TH] DAY OF OCTOBER 2023 / 6TH KARTHIKA, ``` ``` 1945 ``` ## `WP(C) NO. 27096 OF 2023` ## `PETITIONERS:` ``` M/S.ARANHIKKAL GROUP & CONSTRUCTION, REPRESENTED BY ITS MANAGING PARTNER, SALMANUL FARIZ.A, ARANHIKKAL GROUP & CONSTRUCTION, PATHAPPIRIYAM, SCHOOL PADI, EDAVANNA, MALAPPURAM, PIN – 676123. ``` ``` BY ADVS. ABDUL JAWAD K. ABDUL MAJEED.N A.GRANCY JOSE ``` ## `RESPONDENTS:` ``` 1THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. ``` ``` 2THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT (INDUSTRIES AND PUBLIC WORKS-B), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. 3THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014. ``` - `4 THE SUPERINTENDING ENGINEER` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -8- ``` ``` OFFICE OF THE SUPERINTENDING ENGINEER, PWD ROADS NORTH CIRCLE, PWD COMPLEX, MANANCHIRA, KOZHIKODE DISTRICT, PIN – 673001. ``` ``` 5THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, MANJERI, MALAPPURAM DISTRICT, PIN – 676121. ``` - `6 THE SENIOR FINANCE OFFICER, OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, PWD (ROADS AND BRIDGES), THYCAUD, THIRUVANANTHAPURAM, PIN – 695014.` ``` BY ADV.SRI.K.V.MANOJ KUMAR, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.10.2023, ALONG WITH WP(C).26630 /2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -9- ``` ## `JUDGMENT` ``` [WP(C) Nos.26630/2023, 26831/2023, 26920/2023, 27096/2023] ``` ``` When these matters were considered today, the learned counsel for the parties were ad idem that the issues in these cases have already been ``` ``` answered affirmatively in favour of the petitioner – M/s.Aranhikkal Group & Construction by a learned Judge of this Court in M/s.Malabar ``` ``` Tech v. State of Kerala and Others ``` ``` (W.P(C)No.22964/2021 and connected matters). ``` ``` 2.Sri.K.V.Manoj Kumar – learned Senior ``` ``` Government Pleader for official respondents, conceded that, as per the aforementioned judgment, the amounts now retained from the petitioner will have to be returned, but prayed ``` ``` that his clients be granted at least three months time to do so. ``` ``` In the afore circumstances, I order these ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -10- ``` ``` writ petitions in terms of the judgment of this Court inM/s.Malabar Tech (supra); with a consequential direction to the official respondents to ensure that the amounts retained from the petitioner’s bills are returned to them, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. ``` ``` Sd/- ``` ``` DEVAN RAMACHANDRAN ``` ``` JUDGE ``` ``` akv ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -11- ``` ## `APPENDIX OF WP(C) 26630/2023` ## `PETITIONER EXHIBITS` ``` EXHIBIT - P1A TRUE COPY OF THE AGREEMENT NO.EE (M) 165/2019-20 DATED 27/02/2020 ENTERED BETWEEN THE PETITIONER AND THE PWD REPRESENTED BY THE 5TH RESPONDENT EXHIBIT - P2A TRUE COPY OF THE CHECKLIST - GENERAL BILL DATED 12/08/2020 EXHIBIT - P3A TRUE COPY OF THE G.O DATED 13/11/2018 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P4A TRUE COPY OF THE G.O DATED 17/04/2020 EXHIBIT - P5A TRUE COPY OF THE G.O DATED 25/09/2020 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P6A TRUE COPY OF THE G.O (RT) NO.3815/2021/FIN DATED 30/04/2021 EXHIBIT - P7A TRUE COPY OF THE COMMUNICATION DATED 20/07/2023 ISSUED BY THE 5TH RESPONDENT EXHIBIT - P8A TRUE COPY OF THE JUDGMENT DATED 06/03/2023 IN W.P.(C) NO.167/2023. ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -12- ``` ## `APPENDIX OF WP(C) 26831/2023` ## `PETITIONER EXHIBITS` ``` EXHIBIT - P1A TRUE COPY OF THE AGREEMENT NO.EE(M) 115/2019-20 DATED 21/12/2019 ENTERED BETWEEN THE PETITIONER AND THE PWD REPRESENTED BY THE 5TH RESPONDENT EXHIBIT - P2A TRUE COPY OF THE CHECKLIST - GENERAL BILL DATED 12/08/2020 EXHIBIT - P3A TRUE COPY OF THE G.O(RT) NO.9386/2018/FIN. DATED 13/11/2018 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P4A TRUE COPY OF THE G.O (RT.).NO.2816/2020/FIN. DATED 17/04/2020 EXHIBIT - P5A TRUE COPY OF THE G.O DATED 25/09/2020 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P6A TRUE COPY OF THE G.O (RT) NO.3815/2021/FIN DATED 30/04/2021 EXHIBIT - P7A TRUE COPY OF THE COMMUNICATION DATED 20/07/2023 ISSUED BY THE 5TH RESPONDENT EXHIBIT - P8A TRUE COPY OF THE JUDGMENT DATED 06/03/2023 IN W.P.(C) NO.167/2023 ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -13- ``` ## `APPENDIX OF WP(C) 26920/2023` ## `PETITIONER EXHIBITS` ``` EXHIBIT - P1A TRUE COPY OF THE AGREEMENT NO.SE(K) 169/2018-19 DATED 14/01/2019 ENTERED BETWEEN THE PETITIONER AND THE PWD REPRESENTED BY THE 4TH RESPONDENT EXHIBIT - P2A TRUE COPY OF THE CHECKLIST - GENERAL BILL DATED 17/09/2020 EXHIBIT - P3A TRUE COPY OF THE G.O(RT) NO.9386/2018/FIN. DATED 13/11/2018 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P4A TRUE COPY OF THE G.O (RT.).NO.2816/2020/FIN. DATED 17/04/2020 EXHIBIT - P5A TRUE COPY OF THE G.O DATED 25/09/2020 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P6A TRUE COPY OF THE G.O (RT) NO.3815/2021/FIN DATED 30/04/2021 EXHIBIT - P7A TRUE COPY OF THE COMMUNICATION DATED 20/07/2023 ISSUED BY THE 5TH RESPONDENT EXHIBIT - P8A TRUE COPY OF THE JUDGMENT DATED 06/03/2023 IN W.P.(C) NO.167/2023 ``` ``` WP(C)Nos.26630, 26831, 26920 & 27096/2023 ``` ``` -14- ``` ## `APPENDIX OF WP(C) 27096/2023` ## `PETITIONER EXHIBITS` ``` EXHIBIT - P1A TRUE COPY OF THE AGREEMENT NO.SE(K) 202/2018-19 DATED 13/02/2019 ENTERED BETWEEN THE PETITIONER AND THE PWD REPRESENTED BY THE 4TH RESPONDENT EXHIBIT - P2A TRUE COPY OF THE CHECKLIST - GENERAL BILL DATED 13/10/2020 EXHIBIT - P3A TRUE COPY OF THE G.O(RT) NO.9386/2018/FIN. DATED 13/11/2018 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P4A TRUE COPY OF THE G.O (RT.).NO.2816/2020/FIN. DATED 17/04/2020 EXHIBIT - P5A TRUE COPY OF THE G.O DATED 25/09/2020 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT - P6A TRUE COPY OF THE G.O (RT) NO.3815/2021/FIN DATED 30/04/2021 EXHIBIT - P7A TRUE COPY OF THE COMMUNICATION DATED 20/07/2023 ISSUED BY THE 5TH RESPONDENT EXHIBIT - P8A TRUE COPY OF THE JUDGMENT DATED 06/03/2023 IN W.P.(C) NO.167/2023 ```