M. A. JAMES Vs. STATE OF KERALA

JUDGEMENT

(1.) In these two writ petitions, the petitioner is the same. He was awarded a contract by name Infrastructural Development Works at Kaipuzhakkari Padasekharam at Neendoor Panchayat of Kottayam District as per Ext.P1 agreement dtd. 16/7/2018 for an amount of Rs.1,44,61,461.71. The work involved the deepening of the pond. The site was handed over on 17/11/2018 and the work was started on 21/11/2018. During the pendency of the work, certain stop memos were issued against the petitioner and hence the petitioner filed W.P.(C)No.12595/2019 producing those Stop Memos as Exts.P5 and P6 and seeking direction to the respondents 1 to 4 either to permit the petitioner to carryout the work as per the Ext.P1 agreement or, in the alternative, discharge the petitioner from Ext.P1 agreement on executing the closure agreement.

(2.) The 2nd, and 3rd respondents have filed Counter Affidavits dtd. 19/11/2019 and 31/5/2020 in the matter. The petitioner has filed Reply affidavits to those Counter Affidavits.

(3.) During the pendency of W.P.(C)No.12595/2019, Order dtd. 25/4/2023 was passed terminating the work at the risk and cost of the petitioner invoking Clause 10 of the Ext.P1 Agreement. Hence the petitioner filed W.P.(c) No.18018/2023 challenging the said Order dtd. 25/4/2023 passed by the 2nd respondent, Construction Engineer, Kerala Land Development Corporation Limited which is produced as Ext.P10.