T.P. Antony vs Kerala Land Development ...
2023 Latest Caselaw 701 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                          WP(C) NO. 1013 OF 2023
PETITIONER:

             T.P. ANTONY,
             AGED 63 YEARS
             S/O. POULOSE, ALANKAR CONSTRUCTION COMPANY, THOTTATHIL
             HOUSE, NADAKKAVU P.O., UDAYAMPEROOR, ERNAKULAM
             DISTRICT., PIN - 682307
             BY ADVS.
             BABU JOSEPH KURUVATHAZHA
             K.S.ARCHANA
             MOHAMMED SHAFI.K


RESPONDENTS:

     1       KERALA LAND DEVELOPMENT CORPORATION LIMITED
             T.C.11/570, BAINS COMPOUND, MUSEUM, KOWDIAR P.O.,
             THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
             DIRECTOR., PIN - 695003


     2       CONSTRUCTION ENGINEER,
             KERALA LAND DEVELOPMENT CORPORATION LIMITED, 28/47,
             SABARI GARDENS, CHANDANAKKAVU ROAD, CHUNGAM,
             ALAPPUZHA., PIN - 688011
     3       PROJECT ENGINEER,
             KERALA LAND DEVELOPMENT CORPORATION LIMITED, BUILDING
             NO.508, SAI DARSHAN, CHIRAKKADAVAM, KAYAMKULAM P.O.,
             ALAPPUZHA DISTRICT., PIN - 690572

OTHER PRESENT:

             SC KABANI DINESH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.01.2023,    THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.1013 of 2023                2



                                  V.G.ARUN J.
                       -------------------------------------
                         W.P.(C) No.1013 of 2023
                        ---------------------------------
                  Dated this the 12th day of January 2023

                                 JUDGMENT

The petitioner was entrusted with the work "renovation of

Chanthathodu and effecting improvements to Paddy production in

Koothattukulam Grama Panchayat". In terms of the award, the petitioner

executed agreement and made arrangements for commencing the work.

According to the petitioner, he could not proceed with the work due to

stiff opposition from the local people. Unmindful of this fact, the

petitioner's contract was terminated. Thereupon, he approached this

court in W.P.(C) No.19765/2020 and the writ petition was disposed of by

Ext.P8 judgment with the following observations;

" Normally this Court would have refrained from

interfering with such matters of contract. But in the light of

the admitted factual circumstances of the case, I am of the

view of that imposing of risk and cost while terminating the

contract was unwarranted. Therefore, Ext.P13 order to the

extent it stipulates the termination of contract at the risk

and cost of petitioner is set aside. "

2. This writ petition is filed pointing out that in spite of this court

having set aside the risk and cost imposed on the petitioner, the

Treasury Deposit made by the petitioner at the time of executing the

agreement is not being refunded. Pointing out this aspect and seeking

immediate action, the petitioner has filed Ext.P9 representation.

3. Having heard the learned Counsel for the petitioner and the

learned Standing Counsel, I am of the opinion that the respondents are

bound to consider the request in Ext.P9 expeditiously, particularly in

view of the observations in Ext.P8 judgment.

The writ petition is accordingly disposed of, directing the second

respondent to consider Ext.P9 and take a decision thereon within one

month of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE dpk

APPENDIX OF WP(C) 1013/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 19.12.2018 WRITTEN BY THE WARD COUNCILOR TO THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 31.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE G.O.(RT) NO.263/2020/AGRI.

DATED 26.2.2020 ISSUED BY THE GOVERNMENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 18.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 18.5.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT DATED 26.6.2020 IN W.P.(C) NO.11268/2020.

Exhibit P7 TRUE COPY OF THE ORDER DATED 20.8.2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P8 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 9.2.2021 IN W.P.(C) NO.19765/2020.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 27.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.