Kerala High Court
K.V. Paulose vs Kerala State Rural Roads Development ... on 11 July, 2025
W.A.No.42 of 2022 1 2025:KER:50607
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
FRIDAY, THE 11
DAY OF JULY 2025 / 20TH ASHADHA,
1947
WA NO. 42 OF 2022
GAINST THE JUDGMENT DATED 26.11.2020 IN WP(C)
A
NO.22315 OF 2020 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
.V. PAULOSE
K
AGED 68 YEARS
S/O.K.V.VARGHESE, KUNNEL HOUSE, KARKAPPILLY P.O.,
KOLENCHERY, ERNAKULAM - 682 311.
SHRI.P.SHANES MATHER
RESPONDENTS/RESPONDENTS:
1
ERALA STATE RURAL ROADS DEVELOPMENT AGENCY
K
REPRESENTED BY THE COMMISSIONER, 5TH FLOOR,
SWARAJ BHAVAN,NANDANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM - 695 003.
2
HE CHIEF ENGINEER
T
LOCAL SELF GOVERNMENT (RD) DEPARTMENT,
GOVERNMENT OF KERALA, 5TH FLOOR, SWARAJ BHAVAN,
NANDANCODE, KOWDIAR P.O.,
THIRUVANANTHAPURAM - 695 003.
3
UPERINTENDING ENGINEER
S
KERALA STATE RURAL ROADS DEVELOPMENT AGENCY,
LOCAL SELF GOVERNMENT (RD) DEPARTMENT,
GOVERNMENT OF KERALA, 5TH FLOOR, SWARAJ BHAVAN,
W.A.No.42 of 2022 2 2025:KER:50607
ANDANCODE, KOWDIAR P.O.,
N
THIRUVANANTHAPURAM - 695 003.
4
HE EXECUTIVE ENGINEER
T
PROGRAM IMPLEMENTATION UNIT,
GOVERNMENT OF KERALA, DISTRICT PANCHAYATH,
KOTTAYAM - 686 001.
BY ADV SUNIL KUMAR KURIAKOSE - GP
HIS
T WRIT
APPEAL
HAVING
BEEN
FINALLY
HEARD
ON
07.07.2025,
THE COURT ON 11.07.2025 DELIVERED THE FOLLOWING:
W.A.No.42 of 2022 3 2025:KER:50607
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present intra-court appeal arises out of the judgment dated
26.11.2020inW.P.(C)No.22315of2020,filedbytheappellant/petitioner.
Bythesaidjudgment,thelearnedSingleJudge,thoughallowingthewrit
petition in favour of the appellant, failed to issue a direction to the
respondents to locate borrow pit earth, which was necessary for the
appellant to complete the work undertaken by him as per Ext.P2.
In light of the judgment dated11.07.2025passedinW.A.No.548
of 2021, nofurtherordersarerequiredtobeissuedinthepresentcase,
considering the fact that the contract in question has already been
terminated.InW.A.No.548of2021,libertywasgrantedtotheappellant
toraiseallthecontentionsthathadbeenurgedbeforethelearnedSingle
Judge in the writ petition, in appropriate proceedings.
In view of the afore, no further adjudication isrequiredinthiswrit
appeal. This writ appeal is accordingly disposed of.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
MC/9.7
W.A.No.42 of 2022 4 2025:KER:50607
APPENDIX OF WA 42/2022
RESPONDENT EXHIBITS
Exhibit R2(a)
A true copy of the agreement No:
84/SE-KSRRDA/2012-2013
dated
16/11/2012.
executed by
thepetitioner
with KSRRDA
Exhibit R2(b)
A
true
copy of the
proceedings order
No.Engg-(DB2)/1884/2012/KSRRDA
dated
03/09/2019
of
Superintending
Engineer,KSRRDA
Exhibit R2(c)
True
copy of GO(MS) No.61/2017/LSGD
dated 18/03/2017.
Exhibit R2(d)
A
true
copy
of supplemental agreement
No.3
to the
original agreement No.
84/SE-KSRRDA/2012-2013
dated
16/11/2012
for extension of
time
of
completion dated 05/05/2018.
Exhibit R2(e)
A
true copy
of proceedings of
the
Chief
Engineer, KSRRDA
through Order
No.Engg.1884/DB2/KSRRDA/2012
Dated
16/09/2022.
