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2014 Supreme(Online)(KER) 7523

HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
M/S EXPANSE INDIA BUILDCON PVT LTD – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

The above writ petition is filed by the petitioner seeking for a direction to the 1st respondent State of Kerala to review Ext.P5 decision and in the alternative, to reconstitute a proper committee for considering the grounds urged by the petitioner in Ext.P6. The petitioner also seeks for a direction to the respondents to consider termination and closure of the contract without his liability in terms of Clause 53.2 of Part I General Conditions of Contract and for other consequential reliefs.

2. The brief facts of the case would disclose that the petitioner was awarded the work of PMGSY (Pradhan Mantri Gram Sadak Yojana) 2006-2007 (Phase VI) by virtue of agreement dated 18/11/2009 with time of completion of 24 months ending on 17/11/2011. The work related to construction of 11.9 Kms road. The contract was for W.P.C.No.28713/2013 2 developing the rural areas incurring an expenditure of about Rs.15.2 Crores which is to be funded by the Central Government.

3. Petitioner has a case that the site was partially handed over with reference to 6.29 Kms after a considerably long period. Even in respect of the land handed over, there were injunction orders from the Munsiff Court,

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