Contractor challenged termination of his contract at risk and cost with forfeiture of security deposit, contending no hearing was given. The Court found Ext.P6 did not show his explanations were considered, set it aside, and directed reconsideration after hearing him within one month, followed by refund of eligible amounts.
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 DEVAN RAMACHANDRAN FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
W.P.(C) NO.2591 OF 2024
PETITIONER:
GEORGE C. KOOTTIYANI, AGED 57 YEARS, S/O. THOMAS CHACKO, PROPRIETOR, G.C.K. ASSOCIATES, 231A/IIIRD FLOOR, DD VYAPAR BHAVAN, K.P. VALLON ROAD, KADAVANTHARA, ERNAKULAM, PIN-682 020.
BY ADVS. THOMAS T.VARGHESE PHILIP T.VARGHESE ACHU SUBHA ABRAHAM V.T.LITHA K.R.MONISHA JIJO PAUL VISHNU SATHEESAN
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
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5 THE CHIEF PROJECT EXAMINER, TECHNICAL INSPECTION WING, KERALA INFRASTRUCTURE INVESTMENT FUND BOARD, 2ND FLOOR, FELICITY SQUARE, M.G. ROAD, STATUE, THIRUVANANTHAPURAM, PIN-695 001. 6 KITCO LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, M.M. GARDENS, P.B. NO. 1820, CHURCH LANDING ROAD, NEAR KERALA FINE ARTS HALL, ERNAKULAM, PIN-682 016. SMT. VIDYA KURIAKOSE, GOVERNMENT PLEADER SRI.S.CHANDRASEKHARAN NAIR, STANDING COUNSEL SRI.NITHIN GEORGE, STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) NO.2591 OF 2024
JUDGMENT
Dated this the 16th day of February, 2024
The petitioner impugns Ext.P6 order on various grounds, but primarily that it has been issued, terminating the contract awarded to him earlier at his risk and cost leading to the forfeiture of the security deposit and other amounts entitled to him, without even having afforded an opportunity of being heard to him. He says that, even though he has preferred Exts.P7 and P8 explanations against the afore proposed action, the same have been completely disregarded; and Ext.P6 order issued, violating the procedural requirements and forensic imperatives. He thus prays that Ext.P6 be set aside.
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W.P.(C) NO.2591 OF 2024
expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment.
be taken, the further claim of the petitioner, for refund of the security deposit and such other entitled amount, will be considered and the eligible amounts disbursed to him, within a period of one month thereafter.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE
bpr
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W.P.(C) NO.2591 OF 2024
APPENDIX OF WP(C) 2591/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF LETTER OF AWARD OF WORK ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER DATED 09.09.2020 Exhibit P2 TRUE COPY OF AGREEMENT DATED 10.11.2020 EXECUTED BETWEEN PETITIONER AND 5TH RESPONDENT DATED 10.11.2020 Exhibit P3 TRUE COPY OF LETTER ISSUED BY THE PROJECT SPECIFIC SITE ENGINEER TO THE PETITIONER DATED 07.04.2022 Exhibit P4 TRUE COPY OF LETTER ISSUED BY PETITIONER TO THE 5TH RESPONDENT DATED 12.04.2022 Exhibit P5 TRUE COPY OF LETTER ISSUED BY PETITIONER TO THE 5TH RESPONDENT DATED 23.09.2022 Exhibit P6 TRUE COPY OF LETTER ISSUED BY 5TH RESPONDENT TO THE PETITIONER DATED 28.10.2022 Exhibit P7 TRUE COPY OF THE SAID LETTER SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 14.11.2022 Exhibit P8 TRUE COPY OF THE SAID LETTER SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 30.12.2022 Exhibit P9 TRUE COPY OF THE SAID LETTER SUBMITTED BY 5TH RESPONDENT TO THE PETITIONER DATED 20.01.2023 Exhibit P10 TRUE COPY OF COVERING LETTER WITH CONSOLIDATED STATEMENT ( WITHOUT ANNEXURES ) SUBMITTED BY PETITIONER TO THE 5TH RESPONDENT DATED 30.01.2023
1 issue framed by the court
Whether Ext.P6 order terminating the contract at risk and cost and forfeiting the security deposit could stand when issued without hearing the petitioner or considering his Exts.P7 and P8 explanations
George C. Koottiyani
State of Kerala represented by its Chief Secretary
The Principal Secretary to Government, Public Works Department, Government of Kerala
The Principal Secretary, Department of Higher Education
Kerala Infrastructure Investment Fund Board represented by its Chief Executive Officer
KITCO Limited represented by its Managing Director
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
