Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A.TH, J
P.C. Thankachan – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. dispute arises from contract performance delays. (Para 2 , 3 , 4) |
| 2. arguments presented on contract justification. (Para 10 , 11) |
| 3. discussion on arbitrariness and unreasonable actions. (Para 12 , 26 , 30) |
| 4. judicial review enables challenge of public authority decisions. (Para 22 , 24) |
| 5. writ petition results in partial allowance. (Para 31) |
JUDGMENT
The petitioner is an A Class contractor under the Public Works Department. The dispute involved in this writ petition pertains to the order of termination of the contract entered into between the petitioner and the 2nd respondent, at the risk and cost of the petitioner, before the expiry of the contract.
2. The facts that led to the filing of this writ petition are as follows; As per Ext.P1 agreement, the petitioner entered into a contract with the 2nd respondent, based on the tender notification published by the said respondent, for carrying out the work of improvement to Thamarachal - Malayidamthuruthu Road by providing BM and BC from chainage 2/950 to 5/000 - General Civil Work. Ext.P1 was executed on 26.10.2022 and consequently, the site was handed over to petitioner on 05.11.2022. As per the terms of contract, the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
