Kerala High Court
E.V. Raju vs The State Of Kerala on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
RP.No.79 OF 2020 IN WP(C). 21149/2014
AGAINST THE JUDGMENT IN WP(C) 21149/2014(P) OF HIGH COURT OF
KERALA
REVIEW PETITIONER/PETITIONER:
E.V. RAJU,
AGED 62 YEARS,
S/O.VARGHESE, GOVERNMENT CONTRACTOR,
EDAYANAL HOUSE, PAZHAMTHOTTAM, KUNNATHUAND TALUK,
ERNAKULAM PIN-683 544.
BY ADV. SHRI.M.C.JOHN
RESPONDENTS/RESPONDENTS 1-4:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
WATER RESOURCES(IR) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM. PIN-695 001.
2 THE SUPERINTENDING ENGINEER,
K.I.P.(RB)(KALLADA IRRIGATION PROJECT)(RIGHT BANK),
CIRCLE, KOTTARAKKARA, PIN-691 506.
3 THE EXECUTIVE ENGINEER,
K.I.P.(RB) DIVISION NO.II,
KOTTARAKKARA, PIN-691 506.
4 THE CHIEF ENGINEER,
K.I.P.PROJECT II, THIRUVANANTHAPURAM, PIN-695 001.
BY ADV. SRI.M.R.SABU, SENIOR GOVERNMENT PLEADER
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13.01.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.79 OF 2020
IN
WP(C). 21149/2014
2
O R D E R
This Review Petition is filed pointing
out that the prayer for interest as well as for
security amount was not considered in the
judgment in the writ petition despite the prayer
for the same.
2. Heard both sides.
3. The petitioner has produced Annexure-A1
judgment dated 05.04.2002 in W.A.No.131/2001 and
connected cases in which Ext.P6 judgment in the
O.P. filed by petitioner was affirmed.
4. In paragraph 3 of the Annexure-AI
judgment, taking note of the directions contained
in the judgment in similar appeals, this Court
observed as follows:
"xxx Hence, the said Division
Bench kept the issue of
interest open and gave liberty
to the aggrieved parties to
RP.No.79 OF 2020
IN
WP(C). 21149/2014
approach the appropriate Civil
Court for recovery of the
interest amount. With regard to
the payment of the principal
amounts, there was a direction
(vide paragraph 7 of the
judgment) that if amounts were
not paid on or before
30.6.2002, the State Government
was bound to pay 12% interest
on the admitted amounts from
the date of filing of the
Original Petition. In cases
where the impugned reliefs are
granted."
5. The prayer in W.P.(C) No.21149/2014 was
as follows:
"(i)call for the files leading upto
Ext P13, P14 and P15 and quash
them by issuing a writ of
certiorari or any appropriate
writ, order or direction.
(ii)declare that the petitioner
having executed the work as per
the original agreement as well
as the supplemental agreements
1 and 2, is entitled to the
RP.No.79 OF 2020
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WP(C). 21149/2014
bill amounts as per the revised
estimate submitted by the Chief
Engineer in his letter dated
07.10.1993 as mentioned in Ext
P14.
(iii)issue a writ of mandamus
directing the respondents to
disburse the total sum of
Rs.50,91,586/- and the security
deposit Rs.66,300/- in terms of
CC III part and CC IV final
bills and as directed in Ext P6
judgment with interest at 12%
from 30.06.2002 till payment.
(iv) restrain by an appropriate writ
the respondents from enforcing
Ext P13, 14 and 15 for recovery
of any amount mentioned
therein, resorting coercive
steps.
(v) Issue such other writ, order or
direction including interim
orders as that are necessary in
the circumstances of the case
and allow this W.P.(c) with
compensatory costs."
6. In the judgment dated 26.02.2019, though
RP.No.79 OF 2020
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WP(C). 21149/2014
this Court has considered the directions in the
Writ Appeal regarding interest, no direction was
issued with respect to the prayer number (iii)
for interest. As the Division Bench has in
Annexure-AI judgment directed payment of interest
at the rate of 12% on the admitted amount from
the date of filing of the Original Petition, the
petitioner would also to be entitled to the said
benefit, when it is already found that petitioner
was not paid the amount towards 3rd bill in
accordance with Ext.P6 judgment.
Therefore petitioner would also be
entitled to interest at the rate of 12% from
01.07.2002 till date of payment. Regarding
Security Deposit, it will be open to the
petitioner to workout the remedies with any
further claim. Payment shall be made within a
perid of three months.
RP.No.79 OF 2020
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WP(C). 21149/2014
The Review Petition is disposed of
accordingly. The judgment in W.P.(C)
No.21149/2014 would stand modified to the above
extent.
Sd/-
P.V.ASHA
JUDGE
ww
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WP(C). 21149/2014
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE COMMON JUDGMENT DATED
05.04.2002 IN W.A.NO.130/2001.
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 19.12.2019 IN
CONT CASE(C)NO.2218/2019 OF THIS COURT.
ANNEXURE A3 TRUE COPY OF THE G.O(RT)NO.32/2020/WRD
DATED 10.01.2020 ISSUED BY 1ST RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE COMMON JUDGMENT DATED
15.01.2020 IN CONT.CASE(C)NO.2218/2019 AND
W.A.NO.2498/2019 15.01.2020.
