IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 10909 of 2006(W) -------------------------- PETITIONER(S): --------------- SADIQ ALI, S/O.MOHAMMED HAJI, PALACKAL HOUSE, KARIMBA P.O., KALLADIKOD, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.PRAVITHA A.R RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION (ISW) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, ATTAPPADI VALLEY IRRIGATION PROJECT AGALI P.O., ATTAPPADI, PALAKKAD DISTRICT. 3. THE TAHSILDAR (R.R.), MANNARKKAD TALUK, PALAKKAD DISTRICT. G.P. SRI.MATHEW VADAKKEL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF REPLY TO THE LAWYER NOTICE SENT BY THE PETITIONER, RECEIVED BY THE PETITIONER DT.14.8.1991. P2: TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R2 ON 1.2.1992. P3: TRUE COPY OF LETTER SENT BY R2 TO THE PETITIONER ON 13.8.1992. P4: TRUE COPY OF ORDER IN CMP NO.494/2002 IN W.A. NO.25/1993 DT.22.3.1993 OF THIS HON'BLE COURT. P5: TRUE COPY OF JUDGMENT DT.31.3.1993 IN W.A. NO.1045/1991 OF THIS HON'BLE COURT. P6: TRUE COPY OF G.O.(RT) NO.818/1993 DT.24.7.1993. P7: TRUE COPY OF LETTER DT.24.7.1993 SENT BY R2. P8: TRUE COPY OF LETTER DT.13.1.1994 ISSUED BY R2 TO THE PETITIONER. P9: TRUE COPY OF ORDER DT.22.1.1994 ISSUED BY R2. P10: TRUE COPY OF LETTER DT.15.2.1994 RECEIVED BY PETITIONER FROM R2. P11: TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE HON'BLE MINISTER FOR IRRIGATION ON 22.3.1999. P12: TRUE COPY OF ORDER PASSED BY R2 DT.19.7.2004. P13: TRUE COPY OF NOTICE ISSUED UNDER FORM-1 TO THE PETITIONER, ISSUED BY R3. P14: TRUE COPY OF NOTICE ISSUED TO PETITIONER IN FORM-10 ISSUED BY R3. P15: TRUE COPY OF NOTICE DT.20.3.2006 ISSUED BY R3. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.10909 of 2006 .................................................................... Dated this the 12th day of August, 2009. JUDGMENT The petitioner is challenging Exts.P12,P13, and P14 whereby Government has demanded an amount of Rs.25,646/- towards value of excess bamboos cut by the petitioner from the Attappady Valley Irrigation Project. It is seen that the order was issued way back on 6.8.1989 and on account of protracted litigation and on account of prohibitory order issued by this court and the RDO, the petitioner could not execute the work in time. Further, large number of bamboos cut and stacked in the area were not allowed to be removed. Consequently there was deterioration in quality in the course of 4 to 5 years. In fact, Division Bench left freedom to the contractor to claim compensation on account of the failure of the respondents to allow the contractor to cut and remove the bamboo in time. While petitioner is relying on Ext.P7 report, Government Pleader is relying on Ext.P12 wherein the amount demanded is for the excess number of bamboo cut and removed by the petitioner. Since transaction is around 20 years old, there is no point in ordering enquiry for finding out the actual position about the deterioration in quality of goods, the time when it was 2 cut, date of removal and the excess, if any, cut by the petitioner. For the sake of finality and in view of the counter claim by the petitioner as well, I feel O.P. can be allowed by cancelling the impugned demand notices, but simultaneously interdicting the petitioner from proceeding against the Government claiming compensation in terms of the judgment of the Division Bench. The O.P. is allowed by cancelling the impugned demands against the petitioner on condition that petitioner will not file any case for compensation against the Government or it's officers and if any such case is already filed, such case will be withdrawn immediately. C.N.RAMACHANDRAN NAIR Judge pms