IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 RP.No. 972 of 2008(D) --------------------- (AGAINST THE JUDGEMENT/ORDER IN OP.25866/2001 Dated 01/01/2008) .................... REVIEW PETITIONER/PETITIONER : --------------------------- K.G.SAKTHIDHARAN,ATHIKUZHIKALAM, CHITTUR VILLAGE, CHITTUR TALUK. BY ADV. SRI.P.R.VENKETESH RESPONDENTS/RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PALAKKAD 2. THE SUPERINTENDING ENGINEER MINOR IRRIGATION CIRCLE, CALICUT. 3. THE TAHSILDAR, CHITTUR. BY SMT.SMITHA, GOVERNMENT PLEADER THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. ------------------------- R.P. No. 972 of 2008 in O.P. No.25866 of 2001 --------------------------------- Dated, this the 5th day of September, 2008 O R D E R The review petition is filed stating that even though petitioner has carried out 40% of the awarded quantity of work, no reduction is granted for the cement utilised for the said construction. Learned Government Pleader submitted that only value of the proportionate quantity not utilised is demanded. I find force in this contention because almost 70% of the requirement of the cement was supplied to petitioner, whereas petitioner has done only 40% of the work. Therefore, petitioner is liable to pay the value of the balance quantity of cement, which is also calculated with reference to the market value as on the date of initiation of recovery. If the value of same quantity of cement when purchased by Government again is reckoned, the amount sought to be recovered accounts only a percentage of the amount spent by Government. In the circumstances, the review is devoid of any merit and is dismissed. However, petitioner is granted two equal instalments to clear the arrears, first of which will be paid on or before 31/10/2008 and the next will be paid on or before 30/11/2008. (C.N.RAMACHANDRAN NAIR, JUDGE) jg