Samuel Varghese vs The State Of Kerala
2021 Latest Caselaw 10782 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.8090 OF 2021(I)


PETITIONER:

               SAMUEL VARGHESE
               AGED 66 YEARS
               GOVERNMENT CONTRACTOR, KANDATHILPARAMBIL HOUSE,
               MUTTOM P.O., HAIPPAD, ALAPPUZHA DISTRICT-690 511

               BY ADVS.
               SRI.K.BABU THOMAS
               SMT.MARYKUTTY BABU

RESPONDENTS:

      1        THE STATE OF KERALA
               REP BY THE SECRETARY TO GOVERNMENT ,
               WATER RESOURCES DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

      2        THE CHIEF ENGINEER
               PROJECT II, PUBLIC OFFICE BUILDINGS,
               VIKHAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033

      3        THE SUPERINTENDING ENGINEER,
               MUVATTUPUZHA VALLEY IRRIGATION PROJECT, MUVATTUPUZHA,
               ERNAKULAM DISTRICT-686 661

      4        THE EXECUTIVE ENGINEER,
               M.V.I.P.DIVISION NO.4, PIRAVAM,
               ERNAKULAM DISTRICT-686 664


OTHER PRESENT:

               SR.GP.SRI.K.V.MANOJ KUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8090 OF 2021(I)

                                           2




                              J U D G M E N T

Petitioner was awarded a work of M.V.I.P

Construction of Piravam Branch Canal which was

covered by Ext.P1 agreement dated 08.06.1995 and

thereafter by Ext.P5 agreement dated 17.08.2015.

Petitioner points out that revised estimate for the

work had been pending from 14.01.2016 onwards before

the 1st respondent and the same was received only on

04.01.2021 based on approval granted on 08.09.2020.

Petitioner points out that he is not bound to carry

out the work at the rates which were available in the

year 2015-16 and therefore he has submitted Ext.P9

representation requesting for payment of the amount

due to him as well as for relieving him from the

agreement. It is stated that Ext.P9 representation

has been pending from 05.01.2021 onwards and

Government has not taken any decision on it. WP(C).No.8090 OF 2021(I)

2. Learned Senior Government Pleader Shri Manoj

Kumar submits proceedings have referred for

termination of the contract.

As it is seen that petitioner has already

approached the 1st respondent with Ext.P9

representation, there shall be a direction to the 1 st

respondent to consider and pass orders on Ext.P9

representation, after affording an opportunity of

hearing to petitioner, within a period of 'six

weeks' from the date of receipt of a copy of the

judgment. It is made clear that hearing can be held

through electronic mode.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.8090 OF 2021(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PORTION OF AGREEMENT

EXHIBIT P2 TRUE COPY OF RELEVANT PORTION OF SUPPLEMENTAL AGREEMENT

EXHIBIT P3 TRUE COPY OF JUDGMENT OF WPC NO.14634 OF 2013

EXHIBIT P4 TRUE COPY OF GO (RT) NO.147/2015/WRD

EXHIBIT P5 TRUE COPY RELEVANT PORTION OF SUPPLEMENTAL AGREEMENT

EXHIBIT P6 TRUE COPY OF RELEVANT PORTION OF REVISED ESTIMATE OF THE WORKS VALUES AT RS.1,05,69,119/-

EXHIBIT P7 TRUE COPY OF REPRESENTATION OF THE PETITIONER

EXHIBIT P8 TRUE COPY OF LETTER OF THE ASSISTANT EXECUTIVE ENGINEER OF THE 4TH RESPONDENT

EXHIBIT P9 TRUE COPY OF REPRESENTATION OF THE PETITIONER TO THE FIRST RESPONDENT

EXHIBIT P10 TRUE COPY CC I AND PART BILL FOR PAYMENT OF RS.23,71,682/-