Kerala High Court
Lal K S vs State Of Kerala on 3 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:48777
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 22187 OF 2025
PETITIONER:
LAL K S
AGED 60 YEARS, S/O K M SKARIA
KAVANATHOTTATHIL HOUSE RAMAMANGALAM
OORAMANA PO ERNAKULAM, PIN - 686730.
BY ADVS.
SRI.DILISH JOHN
SMT.RESHMA MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY DEPARTMENT OF
IRRIGATION, GOVT SECRETARIAT
THIRUVANANTHAPURAM, PIN - 695001.
2 SUPERINTENDENT ENGINEER
OFFICE OF THE SUPERINTENDENT ENGINEER PROJECT
CIRCLE, PIRAVOM KOLLIKKAL, MUVATTUPUZHA ROAD
ERNAKULAM, PIN - 686664.
W.P.(C)No.22187 of 2025
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3 EXECUTIVE ENGINEER
IIP DIVISION NO.1 ANGAMALY,
ERNAKULAM, PIN - 683572.
4 ASSISTANT EXECUTIVE ENGINNER
IIP DIVISION NO.2 ANGAMALY
ERNAKULAM, PIN - 683572.
5 ASSISTANT ENGINEER 1-2
IIP DIVISION NO.2 ANGAMALY
ERNAKULAM, PIN - 683572.
BY ADV.SRI.P.I.DAVIS, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.22187 of 2025
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JUDGMENT
Dated this the 3rd day of July, 2025
The writ petition has been filed by the petitioner, who is
a registered 'A' Class Contractor, seeking to direct respondents
to take steps to pay the bill amount due to the petitioner under
Exts.P1 and P2 work order and agreement for the work already
executed.
2. The petitioner undertook to do the work of
IIP-LLC-Construction of flesh escape in change 12540 metres.
The petitioner was selected for the work for an amount of
₹2,18,04,943.44. The petitioner states that the agreement was
terminated prematurely. The petitioner has to receive money for
the work already completed by the petitioner. The petitioner's
bills at Exts.P1 and P2 are therefore liable to be settled.
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3. Special Government Pleader representing the
respondents submitted that the petitioner's contract was
terminated initially as the petitioner delayed and abandoned the
work. The petitioner, thereafter, approached the respondents
and the Work Termination Order was revoked to enable the
petitioner to complete the work. The petitioner, however, did not
complete the work. Therefore, the contract was terminated
again on 31.12.2013 at the risk and cost of the petitioner.
Subsequently, the work was rearranged and granted to other
persons. Moreover, there is no challenge in this writ petition for
the termination of the contract or fixing the liability on the
petitioner. Therefore, the petitioner is not entitled to any further
remedy.
4. I have heard the learned Counsel for the
petitioner and the learned Special Government Pleader
representing the respondents.
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5. The pleadings would indicate that the
petitioner had earlier approached this Court filing W.P.(C)
No.17297 of 2019. Paragraph Nos.4 and 5 of the judgment read
as follows:-
4. The learned counsel for the petitioner invited my
attention to paragraph No.9 of the Statement filed by the 3 rd
respondent dated 29.05.2024 which is extracted below:
"9. The initial liability of the petitioner
which comes to Rs.39,14,109/- was realised from
the sanctioned amount of Rs.55,98,853/-, and the
balance amount of Rs.16,84,744/- is kept in PW
deposit. Thereafter, after completion of the
rearranged work, the final liability is identified as
Rs.1,79,408.36. The said amount is also to be
realised from the above amount, after following the
procedures like issuance of notice to the petitioner
and hearing him. The said steps are kept pending in
view of the pendency of the writ petition."
5. I find from the above Statement, the admitted
amount payable to the petitioner is Rs.15,05,335.64
(Rs.16,84,744 - 1,79,408.36). The learned counsel for the
petitioner prays that the respondents may be directed to
disburse the admitted amount to the petitioner, reserving his
liberty to initiate appropriate proceedings with regard to the
disputed amounts and interest.
6. The afore judgment would show that the
amount due to the petitioner after adjusting the liability is
₹15,05,335.64. The said amount would be paid to the petitioner.
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Apart from this amount, the petitioner was paid ₹31,59,061/-.
The Special Government Pleader would submit that the amount
the amount withheld / recovered from the petitioner is
₹40,93,517/-.
7. As the termination of the petitioner's contract
was at the risk and cost of the petitioner and since the petitioner
has been paid the entire amount for the work done by him,
retaining the risk and cost element, I do not find any merit in this
writ petition.
The writ petition is therefore dismissed.
Sd/-
N. NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 22187/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS NO.5-
108/17 DATED 26.04.2017 ISSUED BY THE
2ND RESPONDENT TO THE PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE AGREEMENT
NO.11/SEPCP-17-18 DATED 09.05.2017
EXHIBIT P3 TRUE COPY OF THE LETTER DATED
11.06.2018 ISSUED BY THE PETITIONER TO
THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE LETTER DATED
09.05.2018 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE LETTER DATED
18.09.2018 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT
EXHIBIT P6 THE TRUE COPY OF THE JUDGEMENT IN WPC
NO.17297/2019 DATED 14.06.2024
EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED
03.06.2019 ISSUED BY THE 2ND RESPONDENT
Exhibit P8 THE TRUE COPY OF THE PETITION NUMBER
AIR NO.559 OF 2025 DATED 24.03.2025
FILED BY THE PETITIONER BEFORE THE DEBT
RECOVERY APPELLATE TRIBUNAL, CHENNAI
EXHIBIT P9 THE TRUE COPY OF THE MEDICAL
CERTIFICATE OF THE PETITIONER'S BROTHER
NAMED PRAVEEN K.S DATED 30.04.2025
ISSUED BY ASTER MEDCITY HOSPITAL, KOCHI
