CHIEF EXECUTIVE OFFICER Vs. T.A ABDUL RAHIMAN

JUDGEMENT

(1.) This review petition is filed seeking a review of the judgment dtd. 14/5/2021 through which a direction had been issued to the 1st respondent in the writ petition to consider Ext.P8 taking note of the Exts.P4, P6 & P7. This review petition was filed by the Chief Executive Officer of the Kerala Infrastructure Investment Fund Board (KIIFB) (herein after referred to as 'KIIFB' for short) stating that the project in question is one funded by KIIFB and that as per the general practice followed by KIIFB the practice of submitting and sanctioning bills on the basis of a power of attorney executed by the original contractor is not permitted. It is submitted that this is to prevent any transfer of work allotted to a particular contractor to any other third person. I need only observe that it is open to KIIFB to impose any condition in projects funded by them to prevent any malpractice. This is a case where the contractor had executed a power of attorney in favour of his son authorising him to submit bills etc. Bills submitted by the contractor's son on the strength of power of attorney had earlier been processed and paid. It was in these circumstances that a direction was issued to the 1st respondent to consider Ext.P8 in the light of earlier proceedings. Though the Kerala Road Fund Board is not a party to the proceedings, I have heard Sri. K.V. Manoj Kumar, the learned Standing Counsel for the Kerala Road Fund Board who states that the Project Director is competent to consider the request of the writ petitioner. The learned counsel appearing for the review petitioner would submit that when a decision is taken by the 1st respondent the views of the KIIFB may be taken into consideration. Though such a direction is not within the scope of a review petition, taking into consideration the over all facts and circumstances of this case a decision shall be taken as directed in the judgment dtd. 14/5/2021 after ascertaining the views of the KIIFB. The 1st respondent shall consider the matter and take a decision as directed within a period of 2 weeks from the date of receipt of a certified copy of this order. Subject to the above observation this review petition is dismissed.