IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 38458 of 2010(F) --------------------------------------- PETITIONER: ------------------- KOLLAM LABOUR CONTRACT CO-OPERATIVE SOCIETY LTD.NO.Q 1004, STADIUM COMPLEX, KOLLAM, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.M.SASINDRAN, SRI. VENUGOPAL.V. RESPONDENTS: ------------------------ 1. THE SUPERINTENDING ENGINEER, KIP (RB CIRCLE), PULAMON P.O., KOTTARAKKARA, KOLLAM DISTRICT – 691 001. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 3. THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, OFFICE OF THE CHIEF ENGINEER, PUBLIC OFFICE BUILIDING, THIRUVANANTHAPURAM- 695 001. R1 TO R3 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.38458 OF 2010(F) -------------------------------------------------- Dated this the 13th day of January, 2011 J U D G M E N T Petitioner is a Labour Co-operative Society. The work of KIP (O&M) Formation of Minagappally Minor Distributory from ch0M to 6010M Part-I, was awarded to the petitioner and agreement dated 14.6.2005 was entered into between the petitioner and the first respondent. On the allegation that the petitioner has committed breach of contract, work has now been terminated by Ext.P10. Claim of the petitioner is that for the work they have executed substantial amounts are due and that since the agreement has now been terminated amount due should be paid. However, in my view, this claim made by the petitioner at this stage is unsustainable. A reading of Ext.P13 shows that termination of the contract has been ordered at the risk and cost of the petitioner. Therefore, if in the process of making alternate arrangements for completing the remaining portion of work, the respondents incur any damages or additional expenses, much amounts, apart from other dues, are liable to be recouped from out of the amount, if any, due to the petitioner. Only after WPC.No. 38458/2010 :2 : settlement of the aforesaid claim can the respondents be ordered to pay excess amount available to the petitioner. That stage has not reached and therefore at this stage it will be premature for the petitioner to seek intervention of this court. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/