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2021 Supreme(Ker) 280

N.NAGARESH
Madhu S/o Kittunny – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. C.S. Manilal, Sri. S. Nidheesh.
For the Respondent: Smt. Deepa Narayanan.

JUDGMENT :

N. NAGARESH, J.

1. The petitioner, who is a Government Contractor, has approached this Court seeking to quash Exts.P1 and P2 to P6 and to declare that revenue recovery proceedings cannot be invoked in respect of tentative liability and inabilities which are not quantified or adjudicated by the Civil Court or other Adjudicating Authority and hence the recovery proceedings are illegal and non-est.

2. The petitioner was selected for award of the work “Widening the existing Veliavallampathy Canal from Ch: 8930m to 9210m.” The probable amount of contract was Rs. 13,31,163/-. An agreement was executed on 18.05.2004. The site was handed over to the petitioner on 31.12.2004. The work had to be completed before 30.06.2005. The respondents later extended the period up to 31.12.2005.

3. The petitioner states that the estimate was revised at the instance of the Department to Rs. 18,89,475/- on 22.04.2005. According to the petitioner, the work could not be completed due to non-supply of Departmental materials and on account of denial of part bills. The petitioner completed substantial work and raised a part bill for Rs. 12,50,075/-. However, only Rs. 8,41,837/- was paid. An amount of Rs.

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