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2026 Supreme(Online)(Ker) 8091

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
MINARTECH DEVELOPERS PVT. LTD. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 47856 OF 2025



Advocates:
For the Appellants/Petitioners: AJITH KRISHNAN
For the Respondents: B. UNNIKRISHNA KAIMAL

Court emphasizes the need for a fair hearing in administrative decisions affecting contracts.

Headnote:This writ petition concerns the petitioner's challenge against the termination of a contract for improvement work valued over 3.45 crores, initiated under Exts.P5 and P6 due to failure to complete the work. The Court noted that a representation (Ext.P7) on grievances regarding the termination is pending before the first respondent and directed its timely resolution.

Result: The petition is disposed of directing the first respondent to address Ext.P7 within three months.

Table of Content
1. petitioner's contract related to public works. (Para 1)
2. pending grievances require timely administrative response. (Para 2)
3. court directs resolution of grievances within three months. (Para 3)

JUDGMENT

This writ petition is submitted by the petitioner, a contractor which is entrusted with the work of improvement of the IWT Route from Erahikkal to Korapuzha from Ch.412.82 to Ch.418.32 km of Kozhikode District. According to the petitioner, he had already completed the work valued at more than 3.45 crores, and due to certain reasons beyond the control of the petitioner, the remaining work could not be completed. However, without considering the actual difficulties in completing the work, the work was terminated as per Ext.P5 and it was also directed to recover 30% of the cost of the balance work at the agreed rate of contract. This writ petition is filed challenging Exts.P5 and P6, the consequential proceedings initiated based on Ext.P4.

2. Today when the matter came up for consideration, learned counsel for the petitioner pointed out that, Ext.P7 representation highlighting the grievances against Exts. P5 and P6 is now pending before the 1st respondent, and the same may be directed to be disposed of.

3. After hearing the learned counsel for the petitioner and the learned Government Pleader for the respondents, I am of the view that the said relief can be granted.

Accordingly, this writ petition is disposed of, directing the

1st respondent to take up Ext.P7 and appropriate orders thereon shall be passed in accordance with law, after giving the petitioner an opportunity for being heard. A decision in this regard shall be passed within a period of three months from the date of receipt of a copy of this judgment.

Sd/-

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