Kerala High Court M/S. Mansions Represented By The ... vs Cochin Smart Mission Limited ... on 30 January, 2026 2026:KER:8017 WPC.No.32353/24 1 PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 30TH DAY OF JANUARY 2026 / 10TH MAGHA, 1947 WP(C) NO. 32353 OF 2024 PETITIONER: M/S.MANSIONS REPRESENTED BY THE MANAGING PARTNER, R.RAJESH, AGED 62 YEARS, RAGHU BHAVAN, TAGORE NAGAR, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN 695 014. BY ADVS. SRI.RANJITH VARGHESE SMT.SANTHA VARGHESE SRI.RAHUL VARGHESE SRI.K.L.VARGHESE (SR.) SHRI.RANJAN BABU JOSEPH SHRI.GEO KENNEDY K. RESPONDENTS: 1 COCHIN SMART MISSION LIMITED REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, 4TH FLOOR, JLN (JAWAHAR LAL NEHRU) STADIUM METRO STATION, KALOOR, ERNAKULAM, KOCHI, PIN 682 017. 2 M/S.INKEL LTD. REPRESENTED BY ITS MANAGING DIRECTOR DOOR NO. 14/812 & 813, 1ST FLOOR, AJIYAL COMPLEX, KAKKANAD, KOCHI, PIN 682 030. BY ADVS. SMT.M.U.VIJAYALAKSHMI 2026:KER:8017 WPC.No.32353/24 2 SHRI.AMITH KRISHNAN H. SRI.K.JAJU BABU (SR.) SHRI.B.G.HARINDRANATH, SC, KIIFB SMT.P.DEVIKRISHNA MS.GAYATHRI C.H. SMT.ANNA MARY MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2026:KER:8017 WPC.No.32353/24 3 JUDGMENT This writ petition is submitted by the petitioner, a contractor who entered into an agreement (Ext.P20) with the 2 nd respondent, for construction of Cancer Specialty Block for Government Hospital, Ernakulam. The execution of contract by the 2nd respondent was in their capacity as the consultants of the 1st respondentCochin Smart Mission Ltd. To be precise, the 2nd respondent was the project management consultant and the amounts are to be disbursed by the 1 st respondent. Thereafter, a tripartite agreement was entered into between petitioner, the 1 st respondent and the 2nd respondent in respect of the same as well. The grievance of the petitioner is that, even though the petitioner had completed the work as evidenced by Ext.P1, the amounts payable to the petitioner were not completely released. The writ petition was submitted in this circumstances, seeking the following reliefs: "(i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to release and pay an amount of Rs. 54,88,271/ inclusive of GST as per the built in price variation clause in the agreement under Clause 10 CA and 10 CC, forming part 2026:KER:8017 WPC.No.32353/24 4 of the agreement. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1st Respondent to release an amount of Rs. 2,56,802/ being reimbursement of balance GST amount paid at 18% over and above 12% already paid by the Respondent to the Petitioner on RA Bill No. 10 as per the agreement. (iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to pay an amount of Rs. 4,77,357/ being reimbursement of ESI and EPF contributions which are to be released to the Petitioner as per Clause 19 (L) of the agreement. (iv) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to pay an amount of Rs. 9,63,759/ being interest due on the aforesaid amounts under Reliefs (i) to (iii) as per Clause 7 of the Contract Conditions, being interest due on delay in payment of RA Bills, upto 15th August 2024 and future interest, if any, if not paid by that time. (v) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st Respondent to pay an amount of Rs. 32,61,021/ due to the Petitioner as per Clause 15 of the Contract Conditions and as referred to settlement by the Dispute Redressal Committee set up by the 2nd RespondentConsultant and in case Dispute Redressal Committee fails to take a decision favourable to the Petitioner as sought for. (vi) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the