Kerala High Court
M.C.Baby vs The State Of Kerala on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 42943 OF 2022
PETITIONERS:
M.C.BABY
AGED 58 YEARS
CONTRACTOR, S/O. CHACKO, MATTATHIL HOUSE, MONAPPILLY,
PUTHENCRUZ P.O., ERNAKULAM, PIN-682308.
BY ADVS.
K.V.JAYADEEP MENON
P.KRISHNAPRIYA
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY, PUBLIC WORKS
DEPARTMENT, ROADS AND BRIDGES, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE CHIEF ENGINEER
(ROADS DIVISION), PUBLIC WORKS DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695033.
3 THE SUPERINTENDING ENGINEER,
P.W.D., CENTRAL CIRCLE, ALUVA, PIN - 683 101.
4 THE EXECUTIVE ENGINEER
P.W.D ROAD DIVISION, THRIKKAKARA P.O., KOCHI, PIN - 682
021.
5 THE ASSISTANT EXECUTIVE ENGINEER,
P.W.D ROADS SUB DIVISION, ERNAKULAM, KOCHI,
PIN -682 021.
6 THE ASSISTANT ENGINEER,
P.W.D ROAD SECTION, THRIPUNITHURA, PIN -682 301.
SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42943 OF 2022
2
P.V.KUNHIKRISHNAN, J
-------------------------------
W.P.(C)No.42943 of 2022
--------------------------------
Dated this the 14th day of August, 2023
JUDGMENT
Above writ petition is filed seeking the following prayers:
"a) issue a writ of certiorari or other appropriate writ order or
direction quashing Exhibit P21 order passed by the 3rd respondent
terminating the work at the risk and cost of the petitioner.
b) issue a writ of mandamus or other appropriate writ order
or direction to the respondents to prepare the final bills and release
the bill amounts, performance guarantee etc., for the works executed
by the petitioner within a time frame as this Honourable Court deem
fit and proper."
2. When this writ petition came up for consideration, the learned
Government Pleader submitted that the petitioner had earlier filed a
writ petition as WP(C) No.13406 of 2021 in which this Court observed
that the respondents are justified in terminating the contract with the
petitioner. The above judgment was challenged before the Division
Bench and the Division Bench as per judgment dated 01.04.2022 in WA
No.412 of 2022 dismissed the appeal confirming the judgment of the
learned Single Judge.
WP(C) NO. 42943 OF 2022
If that is the case, nothing survives in this case. Recording the
above submissions, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
SVP
WP(C) NO. 42943 OF 2022
APPENDIX OF WP(C) 42943/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOCOPY OF THE WORK AGREEMENT
AND THE LETTER DATED 10.11.2017 ISSUED BY
THE 3RD RESPONDENT.
Exhibit P2 THE TRUE PHOTOCOPY OF THE LETTER DATED
19.11.2018 ISSUED BY THE 6TH RESPONDENT
HEREIN TO THE TALUK SURVEYOR KANAYANNOOR.
Exhibit P3 THE TRUE PHOTOCOPY OF THE LETTER DATED
29.01.2019 ISSUED BY THE PETITIONER TO THE
6TH RESPONDENT REQUESTING HIM TO TERMINATE
THE CONTRACT.
Exhibit P4 THE TRUE PHOTOCOPY OF THE LETTER DATED
11.03.2019 ISSUED BY THE 5TH RESPONDENT TO
THE 4TH RESPONDENT.
Exhibit P5 THE TRUE PHOTOCOPY OF THE LETTER DATED
29.05.2019 ISSUED BY THE 5TH RESPONDENT TO
4TH RESPONDENT.
Exhibit P6 THE TRUE PHOTOCOPY OF THE LETTER DATED
25.01.2020 ISSUED BY THE 4TH RESPONDENT TO
THE MANAGER, BHARATH PETROLEUM.
Exhibit P7 THE TRUE PHOTOCOPY OF THE LETTER DATED
27.01.2020 ISSUED BY THE PETITIONER BY
REGISTERED POST TO THE 3RD RESPONDENT.
Exhibit P8 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 27.04.2018 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 17.04.2018
TO 30.06.2018.
Exhibit P9 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 02.07.2018 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 30.06.2018
TO 31.10.2018.
Exhibit P10 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 21.11.2018 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 31.10.2018
WP(C) NO. 42943 OF 2022
TO 10.05.2019.
Exhibit P11 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 04.10.2019 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 10.05.2018
TO 31.12.2019.
Exhibit P12 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 15.01.2020 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 31.12.2019
TO 31.03.2020.
Exhibit P13 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 30.04.2020 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 31.03.2020
TO 30.06.2020.
Exhibit P14 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 08.07.2020 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 30.06.2020
TO 30.09.2020. -
Exhibit P15 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 21.10.2020 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 30.09.2020
TO 31.12.2020.
Exhibit P16 THE TRUE PHOTOCOPY OF THE TIME EXTENSION
ORDER DATED 08.02.2021 PASSED BY THE 3RD
RESPONDENT FOR THE PERIOD FROM 31.12.2020
TO 30.04.2021.
Exhibit P17 THE TRUE PHOTOCOPY OF THE LETTER DATED
19.03.2021 ISSUED BY THE PETITIONER TO THE
3RD RESPONDENT.
Exhibit P18 THE TRUE PHOTOCOPY OF THE LETTER DATED
18.01.2020 ISSUED BY THE 6TH RESPONDENT TO
THE 5TH RESPONDENT.
Exhibit P19 THE TRUE PHOTOCOPY OF THE LETTER DATED
23.07.2021 ISSUED BY THE 6TH RESPONDENT TO
THE PETITIONER.
Exhibit P20 THE TRUE PHOTOCOPY OF THE LETTER DATED
16.08.2021 ISSUED BY THE 5TH RESPONDENT TO
WP(C) NO. 42943 OF 2022
THE 4TH RESPONDENT.
Exhibit P21 THE TRUE PHOTOCOPY OF THE ORDER OF
TERMINATION OF THE WORK PASSED BY THE
RESPONDENT DATED 23.12.2021.
Exhibit P22 THE TRUE PHOTOCOPY OF THE LETTER DATED
31.03.2022 ISSUED BY THE 5TH RESPONDENT TO
THE 4TH RESPONDENT.
Exhibit P23 THE TRUE PHOTOCOPY OF THE LETTER DATED
05.08.2022 ISSUED BY THE PETITIONER TO THE
3RD RESPONDENT.
Exhibit P24 THE TRUE PHOTOCOPY OF THE LETTER DATED
03.12.2022 ISSUED BY THE 4TH RESPONDENT TO
THE 3RD RESPONDENT.
Exhibit P25 THE TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 02.09.2022 IN W.P.C. NO.28668 OF
2022 BEFORE THE HONOURABLE HIGH COURT OF
KERALA, ERNAKULAM.
Exhibit P26 THE TRUE PHOTOCOPY OF THE LETTER DATED
06.12.2022 ISSUED BY THE 4TH RESPONDENT TO
THE 3RD RESPONDENT.
Exhibit P27 THE TRUE PHOTOCOPY OF THE LETTER DATED
16.12.2022 ISSUED BY THE 3RD RESPONDENT TO
THE ACCOUNTS GENERAL (AUDIT) KERALA.
