K C THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a forest contractor. Pursuant to a tender he took up the work of clear felling of trees in 1926 and 1927 Mallana Teak Plantations in Kalady Range, Malayattoor Forest Division. The work was for clear felling and it was completed in May, 1997. Thereafter the areas concerned were re-planted. However, a sum of Rs. 23,849/- was realised from the petitioner on the ground that the auction price received by the department in respect of certain quantity of wood of inferior quality was less than the kolevila charges. The security deposit of the petitioner which comes to about Rs.7 lakhs, is also withheld. Apparently this was done in enforcement of the condition that for all logs and billets selling in the depot at rates less than the kolevila, the kolevila payable to the contractor will be limited to the sale price.

(2.) The tender notice based on which the petitioner submitted the tender did not contain any such condition and hence the department is not justified in introducing any such new provision. Under the decisions of the Supreme Court the weaker parties to such contractors have to be relieved from unconscionable contractual obligations.

(3.) Eventhough this Court directed in Ext.P3 judgment dated. 16-12-1999 that Ext.P2 representation filed by the petitioner invoking the said grounds should be disposed of, the petitioner has not been given any relief through Ext.P4 order. The prayer, therefore, is to quash Ext. P4 and to declare that the forest department is not entitled to retain any amount payable to the petitioner on the ground that the sale price of timber collected on clear felling is below the kolevila rates. There is also a prayer that the department should be directed to return the amount of Rs.23,849/- and the security amount withheld with interest. There is also a prayer for invalidating clause 19 of the agreement.