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2026 Supreme(Online)(Ker) 26279

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ZIYAD RAHMAN A.A., J
SHAJI MATHEW – Appellant
Versus
STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE A.CHERIAN, SHRI.RUBIN SHIBU, SMT.LATHA SUSAN CHERIAN, SRI.K.JACOB MATHEW, SMT.ARATHI PRABHAKARAN, SMT.ANNA ROSE NAMBADAN, SMT.ROSANNA C. WILSON, SMT.ANNA JOHNSON
For the Respondents: SHRI.BINOY DAVIS, G.P

Table of Content
1. contractor seeks price escalation due to bitumen price rise from war. (Para 1)
2. relies on prior government orders for similar relief. (Para 2)

JUDGMENT

The petitioner is a contractor who was entrusted with the work named “General Balance work S/F 2122, improvements and providing BM and BC to Varattar Bridge in M.C.Road to Kallissery-Eraviperoor Road”. The agreement was executed on 25.06.2025. The grievance of the petitioner is that, on account of the war situation the price of bitumen and other allied products has increased considerably and therefore the petitioner is finding it difficult to continue with the work with the present rates. Therefore, the petitioner seeks escalation of price or to be relieved from the obligations of the contract, without the risk and cost.

2. The petitioner points out that, earlier when similar situation arose in the year 2018, the respondents considered the same in favour of the contractors and issued Exts.P2, P3 and P4 Government Orders for redressing their grievances. Therefore the petitioner seeks similar consideration even in this case also. Now the petitioner has highlighted his grievances in Ext.P6 representation which is now

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