Kerala High Court
Lal K S vs State Of Kerala on 3 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48777
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 22187 OF 2025
PETITIONER:
LAL K S
AGED 60 YEARS, S/O K M SKARIA
KAVANATHOTTATHIL HOUSE RAMAMANGALAM
OORAMANA PO ERNAKULAM, PIN - 686730.
BY ADVS.
SRI.DILISH JOHN
SMT.RESHMA MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY DEPARTMENT OF
IRRIGATION, GOVT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001.
2 SUPERINTENDENT ENGINEER
OFFICE OF THE SUPERINTENDENT ENGINEER PROJECT
CIRCLE, PIRAVOM KOLLIKKAL, MUVATTUPUZHA ROAD
ERNAKULAM, PIN - 686664.
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3 EXECUTIVE ENGINEER
IIP DIVISION NO.1 ANGAMALY,
ERNAKULAM, PIN - 683572.
4 ASSISTANT EXECUTIVE ENGINNER
IIP DIVISION NO.2 ANGAMALY
ERNAKULAM, PIN - 683572.
5 ASSISTANT ENGINEER 1-2
IIP DIVISION NO.2 ANGAMALY
ERNAKULAM, PIN - 683572.
BY ADV.SRI.P.I.DAVIS, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 3rd day of July, 2025 The writ petition has been filed by the petitioner, who is a registered 'A' Class Contractor, seeking to direct respondents to take steps to pay the bill amount due to the petitioner under Exts.P1 and P2 work order and agreement for the work already executed.
2. The petitioner undertook to do the work of IIP-LLC-Construction of flesh escape in change 12540 metres. The petitioner was selected for the work for an amount of ₹2,18,04,943.44. The petitioner states that the agreement was terminated prematurely. The petitioner has to receive money for the work already completed by the petitioner. The petitioner's bills at Exts.P1 and P2 are therefore liable to be settled. W.P.(C)No.22187 of 2025 :4:
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3. Special Government Pleader representing the respondents submitted that the petitioner's contract was terminated initially as the petitioner delayed and abandoned the work. The petitioner, thereafter, approached the respondents and the Work Termination Order was revoked to enable the petitioner to complete the work. The petitioner, however, did not complete the work. Therefore, the contract was terminated again on 31.12.2013 at the risk and cost of the petitioner. Subsequently, the work was rearranged and granted to other persons. Moreover, there is no challenge in this writ petition for the termination of the contract or fixing the liability on the petitioner. Therefore, the petitioner is not entitled to any further remedy.
4. I have heard the learned Counsel for the petitioner and the learned Special Government Pleader representing the respondents.
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5. The pleadings would indicate that the petitioner had earlier approached this Court filing W.P.(C) No.17297 of 2019. Paragraph Nos.4 and 5 of the judgment read as follows:-
4. The learned counsel for the petitioner invited my attention to paragraph No.9 of the Statement filed by the 3 rd respondent dated 29.05.2024 which is extracted below:
"9. The initial liability of the petitioner which comes to Rs.39,14,109/- was realised from the sanctioned amount of Rs.55,98,853/-, and the balance amount of Rs.16,84,744/- is kept in PW deposit. Thereafter, after completion of the rearranged work, the final liability is identified as Rs.1,79,408.36. The said amount is also to be realised from the above amount, after following the procedures like issuance of notice to the petitioner and hearing him. The said steps are kept pending in view of the pendency of the writ petition."
5. I find from the above Statement, the admitted amount payable to the petitioner is Rs.15,05,335.64 (Rs.16,84,744 - 1,79,408.36). The learned counsel for the petitioner prays that the respondents may be directed to disburse the admitted amount to the petitioner, reserving his liberty to initiate appropriate proceedings with regard to the disputed amounts and interest.
6. The afore judgment would show that the amount due to the petitioner after adjusting the liability is ₹15,05,335.64. The said amount would be paid to the petitioner. W.P.(C)No.22187 of 2025 :6:
2025:KER:48777 Apart from this amount, the petitioner was paid ₹31,59,061/-. The Special Government Pleader would submit that the amount the amount withheld / recovered from the petitioner is ₹40,93,517/-.
7. As the termination of the petitioner's contract was at the risk and cost of the petitioner and since the petitioner has been paid the entire amount for the work done by him, retaining the risk and cost element, I do not find any merit in this writ petition.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.22187 of 2025 :7: 2025:KER:48777 APPENDIX OF WP(C) 22187/2025 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS NO.5- 108/17 DATED 26.04.2017 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE AGREEMENT NO.11/SEPCP-17-18 DATED 09.05.2017 EXHIBIT P3 TRUE COPY OF THE LETTER DATED 11.06.2018 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 09.05.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER DATED 18.09.2018 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P6 THE TRUE COPY OF THE JUDGEMENT IN WPC NO.17297/2019 DATED 14.06.2024 EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 03.06.2019 ISSUED BY THE 2ND RESPONDENT Exhibit P8 THE TRUE COPY OF THE PETITION NUMBER AIR NO.559 OF 2025 DATED 24.03.2025 FILED BY THE PETITIONER BEFORE THE DEBT RECOVERY APPELLATE TRIBUNAL, CHENNAI EXHIBIT P9 THE TRUE COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER'S BROTHER NAMED PRAVEEN K.S DATED 30.04.2025 ISSUED BY ASTER MEDCITY HOSPITAL, KOCHI