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1999 Supreme(Ker) 626

S.SANKARASUBBAN
V. P. Kunhammed – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

S. Sankarasubban, J.

1. In this Original Petition, Petitioner challenges Ext.P5 notice issued under the Revenue Recovery Act and also prays for a declaration that no amount is due by him by way of compensation.

2. The petitioner was awarded with a contract for providing water supply scheme to tribunal colonies at Puzhappathoor and Illiyambam in Wynad District as per work orders dated 18.8.1991 and 22.2.1981 by the third respondent, viz., the Executive Engineer, Kerala Water Authority, Sulthan Batherry, Wynad District. On completion of 90% of the said work, the petitioner had to leave India on getting an employment in Soudi Arabia in the year 1983. The work was thereupon entrusted with one Moosa as his agent with the concurrence of the third respondent. According to the petitioner, he returned to India in 1991 when he received Ext. P1 notice, it is stated that the aforesaid Moosa had not completed the work and the work was executed through some other contractor and the petitioner was liable to compensate the loss occurred to the Department. The third respondent demanded a sum of Rs.64,667/- by way of damages. The petitioner sent Ext.P2 reply. The petitioner disputed his liabil








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