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2025 Supreme(Online)(Ker) 56944

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mr. Ziyad Rahman A.A.Th, J
Sreevallabhan P – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Smita S. Pillai, N. Nandakumara Menon (Sr.), P. K. Manojkumar, Alice Thomas, M. C. Siny
For the Respondents: Arun Ajay Shankar

Table of Content
1. contractor's termination and re-tendering of work. (Para 1 , 2 , 4)
2. court's observations on loss and payments. (Para 3 , 6 , 7)

JUDGMENT

The petitioner is a PWD contractor, who was entrusted with the work covered by Ext.P2, i.e.,improvement and widening of National Highway – KV Jetty road from Ch0/000 to 3/800, which is within the jurisdiction of the respondents 2 to 4. Earlier, as per Ext.P10 order passed by the 2nd respondent, invoking Clause 2116.2.1 of PWD Manual, the work of the petitioner was terminated at the risks and cost of the petitioner, alleging that, the petitioner failed to complete the work within the stipulated time. It was alleged that the petitioner could complete only 35% of the work and despite the extension of time granted, the petitioner could not complete the work.

2. W.P.C.No.17372 of 2020 was filed by the petitioner and the said writ petition was disposed of by this Court as per Ext.P11 judgment, by which the matter was directed to be reconsidered by the Government. Thereafter, the Government passed Ext.P12 order, rejecting the contentions of the petitioner and upholding the termination of the contract at the risks and cost of the petitio

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