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2021 Supreme(Online)(KER) 26709

HIGH COURT OF KERALA
N. NAGARESH, J
MADHU, – Appellant
Versus
THE STATE OF KERALA, – Respondent


Advocates:
SRI.C.S.MANILAL SRI.S.NIDHEESH

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 26th day of April, 2021 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 ₹

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 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 12,50,075/-.

However, only 8,41,8

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