IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 37481 of 2008(K) -------------------------- PETITIONER: --------------- K.P. CHANDRADASAN, S/O. APPUTTY GOVT. CONTRACTOR,VISWA HINDU BHAVAN CHALAPPURAM POST, KOZHIKODE TALUK. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: --------------- 1. THE GENERAL MANAGER KERALA STATE CONSTRUCTION CORPORATION LTD 3RD FLOOR, CARMAL CENTRE, BANERJI ROAD,KOCHI-18. 2. THE REGIONAL MANAGER KERALA STATE CONSTRUCTION CORPORATION LTD REGIOANAL OFFICE, NEAR AZHAKODI TEMPLE, THIRUTHIYAD.CALICUT 673 004. 3. MANAGING DIRECTOR KERALA STATE CONSTRUCTION CORPORATION LTD P.B. NO.404, THYCAD, THIRUVANANTHAPURAM. 4. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, BUILDING AND LOCAL WORKS KALPETTA, WAYANAD DISTRICT. BY GOVT. PLEADER SRI. DILEEP MOHAN ADV. SRI.M.V.THAMBAN, SC., KSCC LTD. FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37481 of 2008 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF PAYMENT VOUCHER IN RESPECT OF FIRST AND PART BILL ISSUED BY 1ST RESPONDENT EXT.P2: COPY OF PAYMENT VOUCHER IN RESPECT OF 2ND AND PART BILL ISSUED BY 1ST RESPONDENT EXT.P3: COPY OF LETTER FROM R2 TO THE PETITIONER DT. 25/2/2008 EXT.P4: COPY OF LETTER FROM EXECUTIVE ENGINEER PWD KALPETTA DT. 27.11.08 EXT.P5: COPY OF LETTER FROM R2 SHOWING DETAILS OF PAYMENT DUE TO THE PETITIONER DT. 13/11/08 EXT.P6: COPY OF LETTER ISUED BY THE PETITIONER TO THE 1ST RESPONDENT DT. 29/2/08 EXT.P7: COPY OF LETTER ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DT. 7/10/08 EXT.P8: COPY OF CIRCULAR NO.60/2008/Fin. ISSUED BY THE GOVERNMENT. EXT.P9: COPY OF THE LAWYER NOTICE ISSUED ON BEHALF OF THE PETITIONER DT. 23/10/08 RESPONDENTS EXHIBITS: EXHIBIT R1 (a) TRUE COPY OF THE AGREEMENT NO.G.M./RGMS/KKD/05/1 DT. 3.2.2006 /TRUE COPY/ P.A TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.37481 of 2008 -------------------------- Dated this the 23rd October,2009 J U D G M E N T Petitioner is a registered A-Class Government Contractor. He had undertaken a contract work for construction of Rajeev Gandhi Memorial Ashram and Hostel Building as per an agreement executed on 3.2.2006 at 15.3% above the estimate rate. Mobilisation advance was given to the petitioner. Work was undertaken and it proceeded. 2. The work was not completed within the original stipulated time. Time for competition of the contract was extended on a further agreement between the parties. Petitioner was aggrieved that part bill submitted by him was not accepted and respondents did not make payment for the work that he had completed. It is therefore that this writ petition has been filed praying for a direction to pay the petitioner the amounts due to him for the work which he had already executed, tentatively quantified as Rs.20,38,235.29. 3. A counter affidavit has been filed by respondents 1 to 3 in which referring to Exhibit R1 (a) agreement, they W.P ( C) No.37481 of 2008 2 have taken up the contention that the writ petition is not maintainable for resolving a dispute of the present nature. They have also contended that the contract itself has been terminated at the risk and cost of the petitioner and if at all any amount is due to the petitioner for the work he claims to have completed, a settlement can be made only after finalizing the risk and cost of the petitioner. 4. Heard Sri.Salil Narayanan, learned counsel for the petitioner and learned counsel for the respondents. 5. The claim made by the petitioner for payment of the work which he had already completed is resisted by the respondents. Contract has been terminated by them allegedly at the risk and cost of the petitioner. Dispute between the parties, in these circumstances, can be resolved only by a Civil Court. In these circumstances, writ petition is closed without prejudice to the right of the petitioner to move the Civil Court for appropriate reliefs. Other contentions of the parties are left open. (V.GIRI,JUDGE) ma W.P ( C) No.37481 of 2008 3 W.P ( C) No.37481 of 2008 4