IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

TH WEDNESDAY, THE 25 DAY OF FEBRUARY 2026 / 6TH PHALGUNA, 1947 WP(C) NO. 33471 OF 2025 PETITIONER:

SUGUNAN.P AGED 67 YEARS S/O.IMBICHAN, PWD CONTRACTOR, SUDEEPAM, PULIKKAL VELUR P.O., ATHOLI, KOZHIKODE DISTRICT, PIN - 673315 BY ADV SRI.C.K.RAMAKRISHNAN RESPONDENTS:

1 THE DISTRICT COLLECTOR KOZHIKODE COLLECTORATE, CIVIL STATION, KOZHIKODE, PIN - 673020

2 THE HEAD CONSTRUCTION DIVISION (1/C), THE KERALA SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD., CONSTRUCTION DIVISION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001 3 THE SCHEDULED CASTE DEVELOPMENT OFFICER, OFFICE OF THE SCHEDULED CASTE DEVELOPMENT OFFICE, CIVIL STATION, KOZHIKODE DISTRICT, PIN - 673020

4 THE ASSISTANT ENGINEER, SIDCO, SALES EMPORIUM, WEST HILL, SIDCO INDUSTRIAL ESTATE, KOZHIKODE, PIN – 673005 BY ADV SHRI.P.U.SHAILAJAN, SC SMT.NIMMY JOHNSON, G.P.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is a PWD Contractor, who had entered into an agreement with the 2^nd respondent as evidenced by Ext.P1 dated 26.11.2019 and Ext.P2 is the supplemental agreement executed for certain extra works. The work covered by Ext.P1 was the balance work of Thayil Meethal S.C. Colony in Atholy Grama Panchayat, Balussery, Kozhikode. The said work included construction of Viknjan Bhavan, Pump House, Pipeline Works etc. Based on the agreements executed as evidenced by Ext.P1 and Ext P2, the petitioner had completed the work on 27.03.2021. The work was duly measured by the 2^nd respondent on 04.01.2020, 07.03.2020, 19.03.2020, 06.03.2021 and 30.3.2021 and recorded in M.B.30/2019 and MB-31/2019.

However, despite the fact that, the work was completed and measured by the 2^nd respondent, the agreement authority responsible for executing the work on behalf of the Department of Scheduled Castes and Scheduled Tribes, in response to the claim raised by the petitioner seeking release of the amounts, Ext.P4 communication was issued, stating that, the amounts can be released only upon the same being released to the 2^nd respondent from the Scheduled Cast Development Department.

2. In response to the communication issued to the

3^rd respondent, the District Development O Scheduled Cast Development Department, Ext.P5 was issued, wherein, it is mentioned that, the property in which the works were carried out, is even now vested with a private individual and the proceedings to get the property relinquished, have not been attained the finality so far. Therefore, it was intimated in Ext.P5 that, the amounts payable to the petitioner would be released, once the proceedings of relinquishment of the property are over. It was in these circumstances the petitioner has approached this Court with the following reliefs:

“(a) To issue a writ of Mandamus or other appropriate writ, order or direction directing the respondents to release back the amount of work completed as per the agreement i.e. amount of Rs. 12,96,372 with 12% interest per annum from the date of notice to date of realization in the interest of justice.

(b) To issue writ of Mandamus or other appropriate writ, order or direction directing the respondents to pay the pending dues sanctioned under contract along with 12% interest as early as possible without delay in the interest of justice.

(c) To issue writ of Mandamus or other appropriate writ, order or direction directing the respondents to pay compensation for mental agony caused to the petitioner as contractor who completed the work without delay in the interest of justice.

(d ) To dispense with the English Translation of vernacular documents.

(e) To pay costs.”

3. The respondents 2 and 4 have filed a counter affidavit opposing the reliefs sought in this writ petition. However, in paragraph 9 of the counter affidavit, the fact that the petitioner had completed the work and the works are measured are cle