BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is a Contractor and who entered into agreement with the 6th respondent to carry out an agreed work, is aggrieved by the refusal of the respondents in making payment on his Bills.

(2.) On 2/3/2020, the petitioner executed Ext.P5 agreement with the 6th respondent-District Nirmithi Kendra for removal, segregation and transportation of silt and debris accumulated on the Periyar River banks. The silt/debris was intended for sale by the 6th respondent. The petitioner procured machinery and installed plant. About 150 loads of sand were processed and made ready for sale. The intention was to sell sand to the State and credit the sale proceeds to the River Management Fund (RMF).

(3.) The 6th respondent dropped the project in the midway. The petitioner requested to pay the amounts for the work already carried out, but no payment was made. The petitioner states that he has made huge investments after entering into contract, to carry out the work. Machinery was procured and installed, taking advances from private financial sources. Unless the petitioner is permitted to complete the work and unless the petitioner is paid for the work, he will be financially ruined.