Biju.K.P vs The State Of Kerala
2021 Latest Caselaw 23371 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA,
                                1943
                    WP(C) NO. 25725 OF 2021
PETITIONER/:

            BIJU.K.P.,
            AGED 40 YEARS
            S/O. THANKACHAN, KANDATHIL HOUSE, MANKULAM P.O,
            VIRIPARA, IDUKKI, PIN 685 561.
            BY ADVS.
            ABDUL RAOOF PALLIPATH
            K.R.AVINASH (KUNNATH)
            C.H.ABDUL RASAC

RESPONDENTS:

    1       THE STATE OF KERALA,
            REPRESENTED BY THE SECRETARY, PUBLIC WORKS
            DEPARTMENT, THIRUVANANTHAPURAM-695 001
    2       THE CHIEF ENGINEER,
            PUBLIC WORKS DEPARTMENT, 3RD FLOOR, REVENUE
            COMPLEX, PUBLIC OFFICE BUILDING,
            THIRUVANANTHAPURAM-695 033
    3       THE SUPERINTENDING ENGINEER,
            PWD ROADS AND BRIDGES, CENTRAL CIRCLE, ALUVA, PIN
            683 101.
    4       THE EXECUTIVE ENGINEER,
            PWD ROADS DIVISION, PAINAV, IDUKKI DISTRICT,685
            603
OTHER PRESENT:

            SMT.VINITHA B SR.G.P


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   25.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.25725 of 2021
                                   :2 :




                           JUDGMENT

~~~~~~~~~

Dated this the 25th day of November, 2021

The petitioner, who is a PWD Contractor, seeks to

declare that Ext.P5 Government Order dated 30.04.2021

relating to the hike in the price of Bitumen, cannot have any

retrospective effect and not binding on the contract already

concluded prior to the issuance of the same.

2. The afore issue raised by the petitioner was

considered by this Court in the judgment in W.P.(C)

No.22964/2021 and connected cases. In the common

judgment in those writ petitions, this Court held as follows:

"In the circumstances, it is declared that Ext.P7 Government Order dated 30.04.2021 will not apply to such contract works undertaken by the petitioners prior to 30.04.2021 which were not ongoing contract works as on 01.11.2018. All consequence of such declaration will follow. The writ petitions are disposed of as above. However, it is made clear that Ext.P7 Government Order will apply to all contract works including if any undertaken by the petitioners, the work of which were ongoing as on 01.11.2018."

WP(C) No.25725 of 2021

This writ petition is disposed of in the light of the

judgment in W.P.(C) No.22964/2021 and connected cases

and it is declared that the petitioner herein will also be entitled

to the declaration of law made by this Court in the said

judgment.

Sd/-

N. NAGARESH, JUDGE

al/-.

WP(C) No.25725 of 2021

APPENDIX OF WP(C) 25725/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF FORMAT OF NOTICE INVITING TENDER.

Exhibit P2 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO.111/EE/2020-21 DATED 25.02.2021.

Exhibit P3 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 159/EE/2019-20 DATED 27.02.2020.

Exhibit P4 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 91/E/2020-21 DATED 22.02.2021.

Exhibit P5 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 06/EE/2020-21 DATED 27.05.2020.

Exhibit P6 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 112/EE/2020-21 DATED 25.02.2021.

Exhibit P7 TRUE COPY OF THE COMPLETION CERTIFICATE FOR THE WORK NO. 105/EE/2020-21 DATED 25.02.2021.

Exhibit P8 TRUE COPY OF THE G.O(RT) NO.

9386/2018/FIN. DATED 13.11.2018. Exhibit P9 TRUE COPY OF THE G.O(RT) NO.

3815/2021/FIN. DATED 30.04.2021.