IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR &

THE HONOURABLE MR. JUSTICE S.MANU TUESDAY, THE 15^TH DAY OF OCTOBER 2024 / 23RD ASWINA, 1946 WA NO. 2034 OF 2019 AGAINST THE JUDGMENT DATED 28.03.2019 IN WP(C) NO.11107 OF 2018 OF HIGH COURT OF KERALA APPELLANT/PETITIONER:

K.P.THOMAS, AGED 68 YEARS S/O. LATE K.T. PHILIP, KOZHIMATTOM HOUSE, NEELAMPEROOR P.O., KOTTAYAM-686534.

BY ADV G.SREEKUMAR (CHELUR)

RESPONDENTS/RESPONDENTS 1 TO 4: 1 GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HARBOUR ENGINEERING, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 SUPERINTENDING ENGINEER, HARBOUR ENGINEERING, CENTRAL CIRCLE, 2ND FLOOR, COCHIN CORPORATION SHOPPING COMPLEX CUM OFFICE BUILDING, HAJEE KCM MATHAR ROAD, ERNAKULAM NORTH, KOCHI-682018.

3 NEELAMPEROOR GRAMA PANCHAYATH, EERA P.O., ALAPPUZHA, REPRESENTED BY ITS SECRETARY, PIN-686534.

4 DEPUTY TAHSILDAR (RR), CHANGANACHERY TALUK, CHANGANASSERY P.O., KOTTAYAM DISTRICT-686101.

OTHER PRESENT:

SRI K V MANOJKUMAR,SR.GP, SRI.ROBSON PAUL SRI. T P PRADEEP THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

NITIN JAMDAR, C.J.

&

S.MANU, J.

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W.A.No.2034 of 2019 ------------------------------------------------- Dated this the 15^th day of October, 2024 JUDGMENT S.MANU, J.

The Appellant submitted sealed tender for the work “Upgradation of Coastal Roads in Alappuzha District – Cherukara Kappela Palli – Cherukara Shap Chira Road” in Neelamperur Grama Panchayat in response to tender notice issued by the Second Respondent. Selection notice was issued to the Appellant on 30 July 2012. It is the case of the Appellant that several persons having properties along the proposed stretch raised objections and therefore he submitted a representation to the Second Respondent requesting to exempt him from executing the agreement in pursuance of the notice dated 30 July 2012. According to the Appellant, the alignment was later changed. His specific case is that no agreement was executed by him for the work. He also states that the Third Respondent Panchayat, in view of the developments requested Respondents 1 and 2 to invite fresh tender. However, the Second Respondent by Ext.P8 notice dated 28 April 2014 directed the Appellant to execute the agreement. Appellant, by Ext.P9 letter dated 8 May 2014, demanded that he is entitled to get back the EMD. Appellant also stated in Ext.P9 that he had not executed any agreement with the Department. Ext.P10 notice dated 17 June 2014 was issued by the Second Respondent, again calling upon the Appellant to execute the agreement and cautioning that EMD will be forfeited and the work would be re-arranged at the risk and cost of the Appellant in case he failed to execute the agreement.

2. Appellant approached this Court in W.P.(C)No.16933/2014, challenging Ext.P10 notice dated 17 June 2014. Further proceedings pursuant to the notice was stayed by this Court initially. The writ petition was disposed by judgment dated 20 August 2014 along with W.P.(C)No.20146/2014. Learned Single Judge held that unless the Appellant executes the agreement within two weeks, the Respondents would be free to re-tender the work. The Appellant did not execute the agreement. Second Respondent by order dated 22 December 2014 forfeited the EMD. Work was re-tendered on 23 December 2014. Later, the Second Respondent issued Ext.P17 proceedings dated 2 ₹

December 2016, quantifying liability of 30,86,682/- against the Appellant. Appellant submitted Ext.P18 objection dated 27 December 2016 against Ext.P17. However, the Appellant was later served with revenue recovery notice dated 16 March 2018.

3. Appellant challenged Ext.P17 proceedings of the Second Respondent and also the demand notice issued under the provisions of the Revenue Recovery Act in the writ petition. The Second Respondent filed a counter affidavit. Second Respondent stated in the counter