Kurian Joseph vs State Of Kerala
2025 Latest Caselaw 8788 Ker

Kerala High Court

Kurian Joseph vs State Of Kerala on 16 September, 2025

                                                     2025:KER:68811


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

    TUESDAY, THE 16TH DAY OF SEPTEMBER 2025 / 25TH BHADRA, 1947

                        WP(C) NO. 5890 OF 2022

PETITIONER:

          KURIAN JOSEPH,
          AGED 63 YEARS
          S/O.JOSEPH, CONTRACTOR, THEKKEKALLUNKAL HOUSE,
          THELLAKOM P.O., KOTTAYAM, KOTTAYAM DISTRICT, PIN-686
          630.

          BY ADVS.
          SRI.BABU JOSEPH KURUVATHAZHA
          SMT.ARCHANA K.S.
          SHRI.MOHAMMED SHAFI.K
          SRI.M.G.SREEJITH


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT
          OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     CHEIEF ENGINEER,
          KERALA STATE RURAL ROADS DEVELOPMENT AGENCY (KSRRDA),
          LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 5TH FLOOR,
          SWARAJ BHVAN, NANTHANCODE, KOWDIAR P.O.,
          THIRUVANANTHAPURAM-695 003.

    3     MEMBER SECRETARY,
          KERALA STATE RURAL ROADS DEVELOPMENT AGENCY (KSRRDA),
          LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 5TH FLOOR,
          SWARAJ BHVAN, NANTHANCODE, KOWDIAR P.O.,
          THIRUVANANTHAPURAM-695 003.

    4     SUPERINTENDING ENGINEER,
          KERALA STATE RURAL ROADS DEVELOPMENT AGENCY (KSRRDA),
 WP(C) No.5890 of 2022              -2-




                                                    2025:KER:68811


            LOCAL SELF GOVERNMENT (RD) DEPARTMENT, 5TH FLOOR,
            SWARAJ BHVAN, NANTHANCODE, KOWDIAR P.O.,
            THIRUVANANTHAPURAM-695 003.

     5      EXECUTIVE ENGINEER, PROGRAM IMPLEMENTATION UNIT
            (PIU),
            DISTRICT PANCHAYATH, KAPPIL ARCADE BUILDING, STADIUM
            JUNCTION, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT,
            PIN-689 645.

            GP- RIYAL DEVASSY

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.5890 of 2022                   -3-




                                                               2025:KER:68811


                               JUDGMENT

Dated this the 16th day of September, 2025

Petitioner has approached this Court challenging Ext.P24,

wherein petitioner was directed to complete the work immediately, if

not further action will be initiated.

2. The learned Government Pleader upon instructions

submitted that subsequent to Ext.P24, the work was terminated at

the risk and cost of the petitioner, and the said order is challenged

by the petitioner in WP(C) No.29506 of 2022.

In view of the above, nothing survives in the writ petition.

Accordingly the above writ petition is closed.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

2025:KER:68811

APPENDIX OF WP(C) 5890/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT NO.169/CE-KSRRDA/2014- 15 DATED 28.11.2014 EXECUTED BETWEEN THE 2ND RESPONDENT AND PETITIONER.

Exhibit P2 TRUE COPY OF THE NOTICE DATED 28.11.2014 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 28.11.2014 OF THE 2ND RESPONDENT FORWARDED TO THE ACCOUNTANT GENERAL, KERALA.

Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF ARTICLE 2003 OF PWD MANUAL, REVISED EDITION, 2012. Exhibit P4 A TRUE COPY OF THE SUPPLEMENTARY AGREEMENT NO.4 DATED 16.01.2017 EXECUTED TO EXT.P1 AGREEMENT. Exhibit P5 TRUE COPY OF THE PROCEEDING OF THE 5TH RESPONDENT DATED 08.06.2017 ADDRESSED TO THE 4TH RESPONDENT. Exhibit P5 A TRUE COPY OF THE APPLICATIONS FOR EXTENSION OF TIME IN PARK 1 AND II ALONG WITH EXT.P5. Exhibit P6 TRUE COPY OF THE PROCEEDING DATED 27.12.2017 OF THE 5TH RESPONDENT ADDRESSED TO THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER DATED 16.01.2018 ISSUED BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE ORDER DATED 27.02.2019 ISSUED BY THE 4TH RESPONDNET.

Exhibit P8 A TRUE COPY OF THE ORDER DATED 09.904.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE PROCEEDING OF THE 5TH RESPONDENT DATED 24.07.2019 FORWARDED TO THE 3RD RESPONDENT. Exhibit P10 TRUE COPY OF THE PROCEEDING OF THE 5TH RESPONDENT DATED 18.12.2019.

Exhibit P11 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE MEETING HELD ON 20.02.2019.

Exhibit P12 TRUE COPY OF THE PROCEEDING DATED 31.08.2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. Exhibit P13 TRUE COPY OF THE PROCEEDING DATED 26.10.2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. Exhibit P14 TRUE COPY OF THE PROCEEDING DATED 28.02.2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT. Exhibit P15 TRUE COPY OF GO(RT) NO.4/2019/LSGD DATED 01.01.2019 ISSUED BY THE 1ST RESPONDENT.

RESPONDENT EXHIBITS

Annexure        TRUE COPY OF THE CLAUSE 24 OF THE STANDARD
R2(a):          BIDDING DOCUMENT.
Annexure        TRUE COPY OF THE LETTER NO.NIL DATED 24.12.2016
R2(b):          FROM THE PRESIDENT, KODUMAN GRAMA PANCHAYAT TO
                THE EXECUTIVE ENGINEER (PIU)
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PAU-PTA
R2(c):          DATED 28.05.2020 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PAU-PTA
R2(d):          DATED 11.08.2020 FROM THE EXECUTIVE ENGINEER TO





                                                    2025:KER:68811


                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PAU-PTA
R2(e):          DATED 20.10.2020 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PAU-PTA
R2(f):          DATED 14.012.2020 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PAU-PTA
R2(g):          DATED 05.02.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(h):          DATED 20.03.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(i):          DATED 03.06.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(j):          DATED 26.07.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(k)           DATED 13.08.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(l):          DATED 13.09.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(m):          DATED 11.10.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(n):          DATED 30.11.2021 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(O):          DATED 12.01.2022 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER
Annexure        TRUE COPY OF THE LETTER NO.A-2764/14/PIU-PTA
R2(p):          DATED 07.02.2022 FROM THE EXECUTIVE ENGINEER TO
                THE PETITIONER