IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 27966 of 2010(U) -------------------------- PETITIONER(S): -------------------- M.ANDREWS,MARUTHOLIL HOUSE, KAKKAYAM.P.O,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): ---------------------- 1. KSEB REPRESENTED BY ITS SECRETARY, VAIDYUTHI BHAVANAM,THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER,GENERATION CIRCLE,VAIDYUTHI BHAVANAM,KOTTAPPURAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, C.M.SUB DIVISION,KAKKAYAM. SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27966 OF 2010 (U) ===================== Dated this the 1st day of October, 2010 J U D G M E N T Heard both sides. 2. Petitioner has filed this writ petition complaining that amounts due to him from the respondents have not been paid. It is seen that the petitioner being a contractor was awarded work of repair and maintenance of two quarters of the Board. An agreement was entered into between the parties on 17/1/2005 and 45 days was the period specified for completion of the work. According to the respondents, despite two extensions given, petitioner did not complete the work, and therefore, the work was terminated at the risk and cost of the petitioner by Ext.P1 order dated 23/3/2006. Thereafter, the work was re-tendered and in the process, Board suffered loss, which is to be recovered from the petitioner. It is for the reason that the damages to be recovered from the petitioner is yet to be quantified, the payment, if any due, has not been disbursed to the petitioner. 3. Now that the contract awarded to the petitioner has been terminated at his risk and cost, if amount is due to the WPC No. 27966/10 :2 : Board, Board is entitled to have it recovered. However, from the amount withheld from the petitioner, after recovery of the amount which is liable to be recovered, if there is anything left in excess thereof, petitioner will be entitled to be paid such amount. Now that according to the Board, the damages which is due to the Board is not quantified, it is directed that the 3rd respondent will quantify the amount due to be recovered from the petitioner and once quantification is done, if any balance amount is due to the petitioner, that shall be disbursed to the petitioner. This shall be completed at any rate within 8 weeks of production of a copy of this judgment. 4. Counsel for the Board submits that for quantification as above, contract claim bills have to be produced by the petitioner. In view of the submission thus made, it is directed that the quantification will be made on the petitioner producing the contract claim bills. Needless to say that this judgment shall be without prejudice to the rights of the petitioner to claim the amounts if any due to him before the appropriate authorities. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp