Samuel Varghese v. State of Kerala
Case brief
What is this about?
Contractor filed writ petitions seeking quashing of termination order and payment of dues. Court found dispute about liability exists and a suit is pending. Writ petitions closed with liberty to raise contentions in suit.
What did the court decide?
Writ petitions closed granting liberty to the petitioner to raise all the contentions in these writ petitions before the Civil Court.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 25TH DAY OF FEBRUARY 2022 / 6TH PHALGUNA, 1943
WP(C) NO. 7823 OF 2021
PETITIONER/S:
SAMUEL VARGHESE, AGED 66 YEARS
GOVERNMENT CONTRACTOR,KANDATHIPARAMBIL HOUSE,
MUTTOM.P.O, HARIPPAD, ALAPPUZHA DISTRICT-690511.
BY ADVS.
K.BABU THOMAS
SMT.MARYKUTTY BABU
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE CHIEF ENGINEER,PROJECT-II, PUBLIC OFFICE BUILDINGS,VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM-695033.
3 THE SUPERINTENDENTING ENGINEER, PROJECT CIRCLE,MUVATTUPUZHA, ERNAKULAM DISTRICT-686661.
Issues for consideration
2 issues framed by the court
Whether the High Court can decide the matter invoking powers under Article 226 of the Constitution of India given the dispute about liability and amount due.
Whether the points raised in these writ petitions are also raised in the suit filed by the petitioner before the Civil Court.
Parties & counsel
- petitioner
SAMUEL VARGHESE
- respondent
SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT
- respondent
THE CHIEF ENGINEER,PROJECT-II
- respondent
THE SUPERINTENDENTING ENGINEER
- respondent
THE EXECUTIVE ENGINEER, M.V.I.P.DIVISION
Case details
As recorded by the court registry
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