IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 33849 of 2008(D) ---------------------------------- PETITIONER(S): ------------------ SALIKUMAR .C.K. CHATHAMALACHIRAYIL, PAKKIL POST, KOTTAYAM DISTRICT. BY ADV. SRI.T.M.CHANDRAN RESPONDENT(S): -------------------- 1. THE DEPUTY CHIEF ENGINEER KSE BOARD CIVIL CIRCLE, PALLOM, KOTTAYAM DISTRICT. 2. THE EXECUTIVE ENGINEER K.S.E.BOARD, C.M.DIVISION, PALLOM, KOTTAYAM DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER K.S.E.B, C.M.SUB DIVISION,PALLOM ,KOTTAYAM DISTRICT ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33849/2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF PETITION DT 16.10.2008 FILED BY THE PETITIONER. EXT.P2: TRUE COPY OF PETITION DT 4.11.2008 FILED BY THE PETITIONER LAONG WITH THE ORDER PASSED THEREIN BY THE RESPONDENTS. EXT.P3: TRUE COPY OF INTERIM ORDER DT 23.9.2008 PASSED BY THE HON.HIGH COURT OF KERALA. EXTS.OF R1 EXT.R1(a): A TRUE COPY OF THE AGREEMENT 18.8.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 33849 OF 2008 (D) ==================== Dated this the 24th day of February, 2009 J U D G M E N T The prayer is to quash Ext.P2 and to direct the refund of Rs.1,52,400/-. The refund was declined on account of the alleged liability of the petitioner to make good the damages suffered by the respondents following the termination of contract and its re-awarding at a higher cost, which is stated to be Rs.16,101. Petitioner disputes his liability in WP(C) No.27973/08 and the mater is to be decided in that writ petition. 2. In so far as this writ petition is concerned, retaining the alleged damages of Rs.16,101/-, it is directed that the balance amount due to the petitioner shall be refunded to him. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. 3. It is made clear that the sustainability or otherwise of the right of the Board to recover the aforesaid amount of Rs.16,101/- will be decided in WP(C) No.27973/08. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp