Kerala High Court
M/S. Krishna Marine Engineering vs State Of Kerala on 10 October, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:75304
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WP(C) NO. 37283 OF 2025
PETITIONER:
M/S. KRISHNA MARINE ENGINEERING
HAVING REGISTERED OFFICE AT 'ANJALY',
KAMATH LANE, T.D.ROAD, KOCHI, ERNAKULAM DISTRICT,
KOCHI- REPRESENTED BY ITS PROPRIETOR SUJATHA.K. ,
AGED 58 YEARS, W/O.ANANTHAKRISHNAN, PIN - 682035.
BY ADVS.
SRI.B.SAJEEV KUMAR
SRI.THOMAS JOHN AMBOOKEN
SHRI.ADARSH A.A.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF WATER
TRANSPORT AND INLAND NAVIGATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
PIN - 695001.
2 KERALA SHIPPING AND INLAND NAVIGATION CORPORATION
38/92, GANDHINAGAR, KADAVANTHRA, ERNAKULAM
DISTRICT, KOCHI, REPRESENTED BY ITS MANAGING
DIRECTOR, PIN - 682020.
W.P.(C)No.37283 of 2025
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3 THE MANAGING DIRECTOR
THE KERALA SHIPPING AND INLAND NAVIGATION
CORPORATION, 38/92, GANDHINAGAR, KADAVANTHRA,
ERNAKULAM DISTRICT, KOCHI, PIN - 682020.
4 THE MANAGER (TECHNICAL),
KERALA SHIPPING AND INLAND NAVIGATION
CORPORATION, 38/92, GANDHINAGAR, KADAVANTHRA,
ERNAKULAM DISTRICT, KOCHI, PIN - 682020.
BY ADVS.
SRI.ARUN AJAY SHANKAR, GOVERNMENT PLEADER
SRI.ANIRUDH G. KAMATH, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.37283 of 2025
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JUDGMENT
Dated this the 10th day of October, 2025
The petitioner, M/s Krishna Marine Engineering,
represented by its proprietor, has been a long-standing
contractor for the 2nd respondent and various other
organisations and has successfully executed several projects
including passenger boats and ferries.
2. In 2017, the 2nd respondent awarded the
petitioner the contract for construction of a 300 MT Acid
Barge valued at ₹1,23,92,000/- as per Exts.P1 and P2 with a
completion period of 10 months. As per the terms, the 2 nd
respondent was to supply all drawings, raw materials,
machinery, test reports and fittings, while the petitioner
undertook the labour and consumables.
3. The petitioner states that despite the
petitioner's readiness, the project suffered repeated and
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prolonged delays due to the respondents' failure to provide
timely materials, machinery and approvals. The petitioner
was constrained to keep labour and supervisors employed,
incurring heavy expenses. The Bank Guarantee had to be
renewed multiple times and the petitioner had to borrow
heavily from banks and private individuals, resulting in
mounting losses.
4. Repeated representations and requests for
revised work orders, escalation of costs and interim
payments were submitted from 2018 onwards as can be
seen from Exts.P3 to P19, highlighting the inordinate delays
and financial strain. The petitioner sought escalation of at
least 35% of the contract value to compensate for delay
exceeding 3 ½ years.
5. The petitioner states that notwithstanding
the severe prejudice caused, the petitioner completed the
construction in December, 2023. The Barge was inaugurated
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on 01.01.2024 by the Hon'ble Chief Minister and the
petitioner was formally appreciated. However, the
respondents have failed to redress the grievances or
compensate the petitioner despite oral assurances and
documentary representations.
6. The petitioner has incurred losses
exceeding ₹1,71,97,600/-, asserts the petitioner. The details
have been pointed out in Ext. P24 representation submitted
before the 3rd respondent, which has not been acted upon so
far. The respondents are responsible for the delay and
consequent losses. Their inaction and arbitrariness have
forced the petitioner into severe financial crisis, even
compelling the sale of her residential property, contends the
petitioner.
7. Being left with no other efficacious
alternative remedy, the petitioner seeks to direct the
respondents to compensate the losses and to sanction
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escalation in the contract value and to release pending
payments.
8. I have heard the learned Counsel for the
petitioner, the learned Government Pleader representing the
1st respondent and the learned Standing Counsel appearing
for respondents 2 to 4.
9. The petitioner would contend that they were
awarded with the work of construction of a 300 MT Acid
Barge as per Ext.P1 work order dated 01.01.2018 issued by
the 4th respondent. The respondents caused undue and
inordinate delay in supplying raw materials and machinery.
There was a delay of five years in handing over the Barge.
According to the petitioner, the petitioner has suffered a loss
to the tune of ₹1,71,97,600/- and the petitioner has to be
compensated appropriately.
10. After hearing the parties, I find that the
petitioner has preferred Ext.P24 representation before the 3 rd
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respondent in this regard. In the facts of the case, it would be
only appropriate that the 3rd respondent advert to Ext.P24
and take appropriate decision in accordance with law within a
reasonable time.
The writ petition is accordingly disposed of directing
the 3rd respondent to consider Ext.P24 representation and
pass appropriate orders thereon within a period of six weeks.
Sd/-
N. NAGARESH
JUDGE
ams
2025:KER:75304
APPENDIX OF WP(C) 37283/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF WORK ORDER DATED
01/01/2018 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER HEREIN
Exhibit P2 TRUE COPY OF AGREEMENT DATED
22/06/2018 EXECUTED BETWEEN THE
PETITIONER AND THE 2ND RESPONDENT
Exhibit P3 TRUE COPY OF LETTER DATED 05/02/2018
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P4 TRUE COPY OF LETTER DATED 10/04/2018
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P5 TRUE COPY OF LETTER DATED 06/06/2018
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P6 TRUE COPY OF LETTER DATED 18/12/2018
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P7 TRUE COPY OF LETTER DATED 08/05/2019
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P8 TRUE COPY OF LETTER DATED 17/07/2019
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P9 TRUE COPY OF LETTER DATED 18/06/2020
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P10 TRUE COPY OF LETTER DATED 21/08/2020
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P11 TRUE COPY OF LETTER DATED 15/02/2021
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
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Exhibit P12 TRUE COPY OF LETTER DATED 17/08/2021
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P13 TRUE COPY OF APPLICATION UNDER THE RTI
ACT DATED23/10/2021 SUBMITTED BY THE
PETITIONER TO THE PUBLIC INFORMATION
OFFICER OF THE 2ND RESPONDENT
Exhibit P14 TRUE COPY OF REPLY DATED 25/11/2021 TO
EXHIBIT P13 APPLICATION
Exhibit P15 TRUE COPY OF REPLY DATED 12.11.2021
SENT BY THE PETITIONER TO THE 4TH
RESPONDENT
Exhibit P16 TRUE COPY OF STATEMENT WAS SENT ON
06/12/2021 BY THE PETITIONER TO THE
3RD RESPONDENT
Exhibit P17 TRUE COPY OF REQUEST DATED 30/03/2022
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P18 TRUE COPY OF REQUEST DATED 13/06/2022
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P19 TRUE COPY OF REQUEST DATED 04/08/2022
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P20 TRUE COPY OF MINUTES OF THE SAID
MEETING HELD ON 23/11/2022
Exhibit P21 TRUE COPY OF LETTER DATED 18/03/2024
ISSUED BY PETITIONER'S BANK NAMELY
BANK OF INDIA
Exhibit P22 TRUE COPY OF REQUEST DATED 01/01/2024
SENT BY THE PETITIONER TO THE HON'BLE
CHIEF MINISTER
Exhibit P23 TRUE COPY OF REPLY DATED 18/01/2024
SENT BY THE THE 3RD RESPONDENT TO THE
PETITIONER
Exhibit P24 TRUE COPY OF THE REPRESENTATION DATED
02/09/2025 SENT BY THE PETITIONER TO
THE 3RD RESPONDENT
