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2016 Supreme(Ker) 485

K.VINOD CHANDRAN
PAILY & COMPANY, ENGINEERS AND CONTRACTORS – Appellant
Versus
STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT – Respondent


Advocates Appeared:
For the Petitioner: SRI. K.S.BABU, SMT.N.SUDHA, SRI.BABU SHANKAR, SRI.K.V.WINSTON, SRI. K.S.GOPI ADVS.
For the Respondent: SR. GOVERNMENT PLEADER SRI. P.M.SANEER. ADV. SRI. M.JACOB MURICKAN. ADV. SRI. A.A.ZIYAD RAHMAN.

JUDGMENT :

The petitioner is a partnership firm challenging the recovery effected as per Exhibit P2 from a bill payable to the firm. Admittedly, the Managing Partner of the petitioner firm, in his individual capacity, had taken a contract work in the year 1994 which involved blasting operations to be carried out. The operations were carried out successfully, allegedly under the supervision of the officers of the Government and the entire amounts due were paid to the contractor.

2. Subsequently, certain residents of the locality filed suits to recompensate the damages, caused to their residences by reason of the blasting operations. The suits stood decreed against the Government, the Contractor and the Insurance Company, the latter of whom insured the Contractor. Execution petitions were filed first against the Government and then the Contractor was impleaded. The Government then recovered an amount of Rs.4,41,623/- from the amounts due to the petitioner firm.

3. The writ petition impugn Exhibit P2 order which attempts such recovery. The learned Counsel for the petitioner contends that the dues against an individual, the accrual of which and the cause of action too occurred, long prior














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