IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WA.No. 899 of 2004(E) ------------------------------ AGAINST THE JUDGEMENT IN OP.20899/1999 Dated 03/02/2004 .................... APPELLANT/PETITIONER: ------------------------------------- PAILY PILLAI AND SONS, ENGINEERS AND CONTRACTORS, PERUMPILLIL, KOLENCHERRY, ERNAKULAM DISTRICT, REPRESENTED BY ITS MG.PARTNER P.M.PAILY PILLAY. BY ADV. SRI.A.M.SHAFFIQUE & SRI.ANIL D.NAIR RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. KERALA STATE ELECTRICITY BOARD REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. CHIEF ENGINEER (CIVIL SOUTH), (NOW DESIGNATED AS CHIEF ENGINEER CONSTRUCTION CIVIL), KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, CIVIL CIRCLE, VYDYUTHI BHAVAN, KOTTARAKKARA. BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/01/2008, ALONG WITH WA NO.1595 OF 2004 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.899 of 2004, W.A.No.1595 of 2004 & C.M.Appln.No.1740 of 2004, W.A.No.1284 of 2004 & C.M.Appln.No.1384 of 2004 & W.A.No.1688 of 2004 & C.M.Appln.No.1836 of 2004 ------------------------------------------ Dated, this the 25th day of January, 2008 JUDGMENT K.M.Joseph, J. Delay in filing the writ appeals is condoned. 2. Since these appeals are directed against a common judgment passed by the learned Single Judge, we dispose of these appeals by a common judgment. 3. W.A.No.899 of 2004 is filed by the petitioner in O.P.No.20899 of 1999. The other appeals have been preferred by the Kerala State Electricity Board feeling aggrieved by the judgment of the learned Single Judge to a certain extent purportedly decided against the Board. 4. The learned Single Judge has arrived at the following conclusions while disposing of the original petitions: “(1) The recovery of incentive payment of Rs.10 lakhs each to the contractors for reasons already discussed is not illegal. (2) The recovery of escalation charges already paid will be reconsidered by the Board after evaluating the entire circumstances and after taking a decision afresh after affording the parties an opportunity of being heard. (3) The recovery of penalty shall also be deferred by the Board until after adverting to the circumstances pleaded W.A.No.899/2004, etc. 2 for the short fall in not achieving the target is considered and decision taken. (4) Whether or not the petitioners are entitled for any balance amount from the Board since depend up on the decision on Issue Nos.2 and 3 above the Board will decide this issue consequent on their decision on Issue Nos.2 and 3. (5) No interference is called for on any other claim. (6) Until the Electricity Board takes a final decision in the matter as indicated above further recovery of any amount shall be kept in abeyance and status quo will continue till then.” 5. Today when the matter came up for hearing, Sri.Anil D.Nair, learned counsel appearing for the appellant in W.A.No.899 of 2004, submitted that pursuant to the judgment of the learned Single Judge the matter is pending consideration before the Board and the appellant has appeared, but orders are not being passed in view of the pendency of the writ appeal filed by both the appellant and the Kerala State Electricity Board before this Court. Learned counsel appearing for the appellant would submit that it would suffice if the appeal is disposed of with a direction to the Board to take a decision in the matter and leaving it free to the appellant to challenge the decision if it is adverse to the interests of the appellant. Likewise, Sri.C.K.Karunakaran, leaned counsel appearing for the Board, would submit that in the light of the submission made by Sri.Anil D.Nair, the appeals can be disposed of. W.A.No.899/2004, etc. 3 6. Therefore, W.A.No.899 of 2004 is disposed of with a direction to the Kerala State Electricity Board to take a decision in the matter as directed by the learned Single Judge and leaving it free to the appellant to challenge the decision, if he so desires. 7. In the light of the decision we have rendered in W.A.No.899 of 2004, we do not deem it necessary to consider the other three appeals filed on behalf of the Board and accordingly they are closed. All the legal contentions of both the parties are left open. All pending interlocutory applications stand closed. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns