Kerala High Court
Gireesh Kumar.S vs State Of Kerala Represented By Its ... on 15 September, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
WP(C) NO. 4645 OF 2025
PETITIONER/S:
GIREESH KUMAR.S
AGED 57 YEARS
S/O. SREEDHARAN PILLAI,
NOVA INNOVATIONS, C K TOWER,
PANAVILA, THIRUVANANTHAPURAM,
PIN - 695001
BY ADVS.
SRI.SUMAN CHAKRAVARTHY
SMT.K.R.RIJA
SMT.BREJITHA UNNIKRISHNAN
SHRI.SUDEESH K.E.
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC)
REPRESENTED BY ITS MANAGING DIRECTOR
VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM,
PIN - 695033
3 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION(KSRTC)
VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM,
PIN - 695033
W.P.(C) No.4645 of 2025
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4 THE DISTRICT TRANSPORT OFFICER
KSRTC , PATHANAMTHITTA, OFFICE OF THE DISTRICT
TRANSPORT OFFICER, KSRTC PATHANAMTHITTA,
PIN - 689645
BY ADV SRI.P.C.CHACKO(PARATHANAM)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 15.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.4645 of 2025
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JUDGMENT
This writ petition is submitted by the petitioner, who
entered into a contract with the 2 nd respondent Corporation, for
exhibiting advertisement using hoardings, LED boards etc. in the
KSRTC bus stations in Pathanamthitta District. According to the
petitioner, as per the tender notification, the period of contract
was five years and the agreement was entered into between the
parties envisaged annual contracts with an enhancement of
remuneration at 10% per annum. According to the petitioner,
before completing the period, the KSRTC initiated proceedings
to terminate the contract and to entrust the work to other
person. Moreover, the annual contract already entered into
pertaining to the relevant year expired on 15.08.2025. The
petitioner is challenging the premature termination of the
contract and according to him, he is entitled to continue for a
period of five years, as the tender notification was issued for such
period.
2. The learned Standing Counsel pointed out that as per
Clause 14 of Ext.P3 agreement, which is entered into between
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the petitioner and the KSRTC, the disputes arising under or out
of the agreement shall be decided by the Managing Director.
Therefore, it was pointed out that it is for the petitioner to raise
his dispute before the Managing Director with respect to the
same. The learned Standing Counsel also brought the attention
of this Court to Ext.P6 judgment, wherein, a similar direction
was passed, in the case of the writ petitioner in connection with
the contract entered into with Palakkad District.
3. After hearing the learned counsel for the petitioner
and the learned Standing Counsel, I am of the view that, as the
contract contains a dispute resolution mechanism, it is for the
petitioner to invoke the said remedy before approaching this
Court. This fact was taken note of in Ext.P6 judgment as well.
In such circumstances, this writ petition is disposed of,
directing the petitioner to submit a representation highlighting
his grievances before the Managing Director of the 1 st
respondent within a period of two weeks from the date of
receipt of a copy of this judgment, and thereupon, the same
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shall be decided by the said authority after giving the petitioner
an opportunity for being heard. The same shall be done within
a period of one month from the date of receipt of a copy of such
representation. Till such time, the status quo as shall continue.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
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APPENDIX OF WP(C) 4645/2025
PETITIONER EXHIBITS
Exhibit -P1 A TRUE COPY OF THE AGREEMENT DATED
01.07.2022 EXECUTED WITH THE 4TH
RESPONDENT
Exhibit -P2 A TRUE COPY OF THE AGREEMENT DATED NIL
EXECUTED WITH THE 4TH RESPONDENT FOR
THE PERIOD 2023-2024
Exhibit -P3 A TRUE COPY OF THE AGREEMENT DATED
15.10.2024
Exhibit-P4 A TRUE COPY OF THE CASH RECEIPT DATED
21.09.2024
Exhibit -P5 A TRUE COPY OF THE APPLICATION UNDER
RTI ACT DATED 10.01.2025
Exhibit-P6 A TRUE COPY OF THE JUDGMENT DATED
20.12.2024 IN W.P(C) NO.45847/24
Exhibit -P7 A TRUE COPY OF THE LETTER DATED
27.12.2024 FROM THE ASSISTANT TRANSPORT
OFFICER, KSRTC PATHANAMTHITTA TO THE
ASSISTANT ENGINEER, KSEB OFFICE, PAMBA
Exhibit -P8 A TRUE COPY OF THE LETTER DATED
27.12.2024 BY THE ASSISTANT ENGINEER,
KSEB, RANNI
Exhibit -P9 A TRUE COPY OF THE NOC DATED 30.07.2022
Exhibit -P10 A TRUE COPY OF THE COMMUNICATION
NO.G1/1311/2024/PTA DATED 06.01.2025
RESPONDENT EXHIBITS
Exhibit-R2(a) True copy of the suspension order dated
24.12.2024 issued by the Chairman and
Managing Director of Kerala State Road
Transport Corporation.
Exhibit-R2(b) True copy of the notice dated
16.11.2024 issued by the Chairman and
Managing Director of KSRTC.
Exhibit-R2(c) True copy of the consent letter dated
30.01.2025 vide no. ES4/49/2024 issued
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by the Managing Director of the KSRTC
Exhibit-R2(d) True copy of the notice dated
22.11.2024 issued by the Assistant
Transport Officer, KSRTC Pathanamthitta
to the petitioner.
Exhibit-R2(e) True copy of the notice dated
24.12.2024 issued by the Assistant
Transport Officer, KSRTC Pathanamthitta
to the petitioner
