Allowed

K.S.Joseph v. State of Kerala

Kerala HC15 Nov 2022WP(C)/30400/2022

Case brief

AI extract

What is this about?

Disputes raised in two writ petitions involving a contractor and the State were settled through mediation. The court disposed of the petitions based on a Memorandum of Agreement binding the parties to a payment schedule and withdrawal of other proceedings, without examining substantive developments.

What did the court decide?

Writ petitions disposed of on the drawn Memorandum of Agreement made part of the judgment.

K.S.Joseph Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

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IN THE HIGH COURT 0F KERALA AT ERhlAKULAM

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PRESENT

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THE llol\IOuRABLE MR.JUSTICE V.G,ARUN

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TUESDAY, THE 15" DAY 0F NOvEllBER 2®22 / 24" lcAR"IRA, 1944

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wplci ro. 25429 OF 2®22

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PETITIOwER :

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Llvl . p . vAftellESE

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AGED 49 YEARS

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S/0. V. VARGHESE, EDAKKAIIAYIL HOUSE,

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RACKAD, MEKRADAMPU P.0,

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MuVATTuPUZHA - 686661.

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BY ADV, T. G. RAJENDRAH

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RESPONDENTS :

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STATE 0F KERALA

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REPRESENTED BY ITS SECRETARY, PuBLIC WORKS DEPARTMEIIT, GOVER"EHT SECRETARIAT, THIRIJVAHAHTHAPURAIl - 6950®1.

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THE CHIEF EMCINEER,

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PWD BulLDINCS, THIRUVANANTllAPURAM -

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THE EXECUTIVE ENGINEER,

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OFFICE 0F THE EXECUTIVE ENGINEER,

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PWD BulLDIWCS DIVISION, WAYANAD -673122.

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THE SuPERINTENDENTINC ENGINEER,

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PWD BUILDINGS, NORTH CIRCLE, KOZHIKODE - 673571

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THE ASSISTANT EXECUTIVE ENGINEER,

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PWD BUILDINGS SECTION, RALPETTA, WAYANAD -673122.

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ADDL R6, K.S.JOSEPH,

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AGED 58 YEARS

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S/0.SEBASTIAN, I{URISSIN VEETTIL, ULICRAL P.0, lIANNUR-6709®5.

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ADDL R6 IS IMPLEADED AS PER THE ORDER DATED 27-09-2®22 IN IA 1/2022 IM WP(C)25429/2®22.

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BY ADVS.

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RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER K.SIJU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2®22, ALONG WITH WP(C).304®®/2022, THE COURT 0N THE SAVE DAY DELIVERED THE FOLLOWING :

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WP(C) NOS. 25429 & 30400 0F 2022

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IN THE l]IGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE I+ONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 15TH DAY 0F NOVEMBER 2®22 / 24TII RARTI+IRA, 1944

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ve{c] no. 3e4eo oF 2®22

PETITIONER :

K . S . JOSEPH

AGED 58 YEARS

S/O.SEBASTIAN, AGED 58 YEARS, KURISSIN VEETTIL, ULICRAL P.0. , RANNUR - 670 7e5.

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BY ADVS, K.SIJU S . ABH ILASH ANJANA KANNATII

T . s . SREEKUTrv

RESPONDENT/S :

STATE 0F KERALA

REPRESENTED BY ITS SECRETARY, PUBLIC WORKS

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DEPARTMENT, GOVERNMENT SECRETARIAT,

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THIRuvANANTHApuRAM - 695 eel.

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THE ciilEF EivelNEER,

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PWD BUILDINGS, THIRUVANAHTllAPuRAM 695 033.

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THE EXECUTIVE ENGINEER,

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OFFICE OF THE EXECUTIVE ENGINEER, PWD

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BulLDINes DlvlsloN, wAyANAD - 673 122

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THE SUPERINTENDING ENGINEER

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PWD BUILDINGS, NORTH CIRCLE, KOZIJIKODE - 673 571.

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THE ASSISTANT EXECUTIVE ENGINEER

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PWD BulLDINCS SECTION, KALPETTA,

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WAYAMAD 673122.

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TIIE BRANCH IANAGER

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SOUTH INDIAN BANK LTD. , MOOVATTUPUZHA BRANCH,

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MOOVATTUPUZHA P.O. , ERNAKULAM DISTRICT, 686673

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LIVI P.VARcllESE,

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AGED 49 YEARS, S/O.VARCIJESE, EDAKKARAYIL HOUSE,

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RACKED, MEKIIADAMPU P.O. , MUVATTUPUZHA, 686 661.

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BY ADVS.

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RA]EEv .yoTiilsH CEORCE, cOvERiunENT PLEADER

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SUNIL SHANKAR A

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T . C . RAJENDRAN

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vlDyA CANGADHARAN ( K/©e0424/2®2O ) SANDHRA.s(K/Ooi6ie/202i)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION 0N 15.11.2022, ALONG WITH WP(C).25429/2®22, TI+E COURT ON THE SAME DAY

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DELIVERED TllE FOLLOwlNC :

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WP(C) NOS. 25429 & 30400 0F 2022

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UDGM ENT

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Dated this the 15th day of November, 2022 [wp(c) NOs.25429#022, 304Oora022]

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lt is reported that the dispute between the

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parties is settled in mediation. A copy of the Memorandum of Agreement is also enclosed.

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The writ petitions are accordingly disposed of,

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based on the settlement and making the

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Memorandum of Agreement a part of this judgment,

Sd/.

V.G.ARUN

JUDGE

NBfl5-11

WP(C) NOS. 25429 a 30400 0F 2022

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APPENDIX 0F WP(C} 25429/2®i2

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PETITI0	NER'S EX	HIBITS:
EXHIBIT	PI	TRUE COPY OF THE AGREEMENT FOR THE WORK DATED 28 . 4 . 2018
EXIIIBIT EXHIBIT	P2 P3	TRUE COPY 0F THE ACKNOwLEDGE FOR I+AIIDING OVER THE SITE T0 TIIE CONTRACTOR DATED 28.5.2®18 TRUE COPY 0F THE FIRST AIID PART BILL FORWARDED BY TIIE 3RD RESPONDENT T0 TllE 2ND RESPONDEIIT DATED 29.6,2®20
EXHIBIT	P4	TRUE COPY 0F THE SUPPLEMENTAL AGREEMENT ENTERED INTO BE"EEN THE PETITIONER AND TIIE 4TH RESPONDEIIT DATED 9.6.2®21
EXHIBIT	P5	TRUE COPY 0F THE COHPLAIIIT PREFERRED BY Tl+E 6TH RESPONDENT BEE:ORE THE 4TH RESPONDENT DATED 27 . 7 , 2®21
EXHIBIT	P6	TRUE COPY 0F THE COMMUNICATIoll ISSUED FROM TIIE OFFICE 0F THE 4TH RESP0lIDENT DATED 13.8.2®21
EXHIBIT	P7	TRUE COPY OF THE REQIJEST SuBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 16 . 8 . 2®21
EXHIBIT	P8	TRUE COPY 0F THE REQUEST SUBHITTED BY Tl+E PETITIONER BEFORE THE 4" RESPONDENT DATED 28 , 4 . 2®22
EXHIBIT	P9	TRUE COPY 0F THE LETTER ISSUED FROM TI+E OFFICE OF THE 2«D REspoNDENT DATED 24.6.2e22

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RESPONDEIITS' EXHIBITS: NIL

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• WP(C) NOS. 25429 & 30400 0F 2©22

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APPENDIX 0F WP(C) 3®4®®/2®2_2

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PETITIONER'S EXHIBITS:

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EXIJIBIT P1 THE TRUE COPY 0F LETTER DATED 27.®7.2021 SUBMITTED BY THE PETITIONER BEFORE THE 4Tll RESPONDENT AGAINST DISBURSING BILL AMOUNT. EXHIBIT P2 THE TRUE COPY OF REPORT DATED 27.07.2021 SUBMITTED BY TllE 3RD RESPONDENT T0 THE 4TH RESPONDENT . EXHIBIT P3 TIIE TRUE COPY 0F LETTER DATED 13.08.2®21 ISSUED BY THE 4TH RESPONDENT T0 THE 6TI+ RESPONDENT. EXHIBIT P4 THE TRUE COPY PLAINT IM CS NO.24/2®210N THE FILE 0F COMHERCIAL COURT, THALASSERY DATED 23.09.2021 FILED BY TIIE PETITIONER.

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

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BEFORE THE HONOuRABLB InGH cOuRT OF REFtrm AT EENAKurm 0f 202Z & Petitioner K.S Joseph `Vs. Respondents : State ofKeralaand others a =L

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IA[/peREAHVEDI§EunREsOLUTIONIRunEPB2Ooj2£

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The petitioner and the 7th respondent agreed to settle the dispute between them in W.P(C)No.30400/2022 filed by the I)etitloner and W.P{C)No.25429/22 filed by the 7th respondent ln the mediation conducted at the Kerala High Gout MediEitlon Centre on tlle following terms arid conditions.

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The 7th respondent admits his liability Of Rs.65.00,COO/-

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(Rupees Sixty Fife lakhs only) towards the petltloner in W.P(C) No.30400/2022 and agreed to clear the liabmty by paying the entire due in 3 installments as full and final settlement Of the dispute. The 7th respondent has no objection in releasing the amount due from PWD to the petitioner on the basis of the Power of Altorney issued ln favor of the petitioner by the 7th respondent and the same shall be the lst installment of the settlement a rrived.tgofqu§trkvi-firfe4

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Xer.`aSfatoM.Ijatian8ndConciJiaHonCelirty HIghCourtofKerala tochJ-682031

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-2-

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The 7th respondent agreed to take all steps necessary for the

d.isbursal of bill amount due to him from the Kerala Public Works Department regarding for the construction Of bullding . for District Agriculture Office at Kalpetta., as per deposit verification report for payment issued by the Chief Engineer PWDtBuildln8 Thiruvananthapu.ram dated 24.6.2022 vide No.F83 289118/2022 to the tune of Rs.22.73,355/-and the retention amount tier.e in favor of the petitioner on the basis of the Power of Attorney executed by the 7th respondent in favor of the petitioner dated 17.4.2021. The 7th respondent has no objection in paying the said rm amount ln favor of the petitioner and the 7th respondent agreed to take all steps necessary to get the amount disbursed at the earliest in favor of the petitioner as the lct installment of the payment agreed above.

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The 7th respondent agreed to pay 50% of the balance amount due after disbursing the bill amotmt on or before 15.4.2023.

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The 7th respondent further agreed to clear the entire balallce

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amount due as per the agreemint to the petitioner on or before L59+=efapng*t,`pwil~3ft

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Kerala Sfato Mediatlon and Conclllatlon Centir High Court of Kerala Kochi -682 031

-3-

The petitioner and the 7th respondent further agreed to settle CS No.24/2021 on the file of Commercial Court, Thalassery, on the basis of the settlement reached in this case and upon accepting the same conditions and terms. The 7th respondent is agreed co-ape.rate with the petitioner to file necessary agreement/settlement, memo .before the Mediation Centre at Thalassery to enable the petitioner to get the compromise decree in the matter and thereby to receive the refund Of court fee from the Commercial Court, Thalassery.

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The p etitloner undertakes to withdraw all

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proceedings/prosecutions instituted by riini or on his behest against the 7th respondent for the recovery Of money. based on this agreement. No further proceedings will be initiated, if the 7th respondent fumlls the condltlons in this agreement.

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The Petitioner shall clear the liabmty of the 7th respondent towards MrAV Sebastlan, AVS Enterprises by paying Rs.2,00,000/- (Rupees Two lakhs only) towards the price of the construction lift erected in the work site in Principal Agricultural Office. Kalpetta and the 7th respondent is

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at liberty to take the nft on clearance of the sum.

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Eedctr¥ys*^;`,.y_wlce#

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HeTala Slate Mediation and Coiiciliation Cantr. Higli Court or Kerala itochi - 6a2 031

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-4-

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If the 7th respondent falls to clear the llabmty by paying the

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settlement amount within the time frame fixed, the petitioner ls entitled to seek. recovery of the settlement alnount within 1.2% interest from the 7th respondent.

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Other Respondents ln the Writ Petition are formal parties and

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therefore. they are not inade. s.ignatorles to this settlement

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agreement.

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Dated this the 3rd day of November, 2022.

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PKe.ts!tj::eeprh cdr

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7th Respondent Livi P Varghese

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Counsel for the Petitioner

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Counsel for the Petitioner
Counsel for the 7h Respondent<br>L¥L*,E. in<br>Lbr<br>utpr/<br>AqDfifrJGrtp¢frrd
EN*:i;g#O;¥#O\fr4gr'rdu#iris=,#'.#
at
Kerala Slate Medlation and Concillatlon. Cell`m
High Court of Kerala
Kochi - 682 031

K.S.Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.S.Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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