Rajesh Mathew And Co. vs. State Of Kerala
Held
The High Court directed the third respondent to consider the petitioner's representation (Ext.P14), specifically confining the consideration to the request for foreclosure of the contract, and to pass appropriate orders thereon within four weeks.
Facts
A works contractor, having completed 90% of a road improvement project, sought a revised estimate, payment of eligible GST, and relief from executing the balance work due to substantial cost escalation and delays not attributable to them. They had submitted a representation to the authorities requesting these reliefs.
Key Issues
The key legal issue was whether the High Court should direct the respondent authorities to consider the contractor's representation for various reliefs, including contract foreclosure and payment of GST, due to cost escalation and delays.
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Heard together (2 matters)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944 WP(C) NO. 13827 OF 2022 PETITIONER/S: RAJESH MATHEW AND CO. CHERUMATTATHIL PLAZA, ARAKKUZHA ROAD JUNCTION, MUVATTUPUZHA, ERNAKULAM. REPRESENTED BY ITS MANAGING PARTNER, PIN - 686661 BY ADVS. P.SHANES METHAR N.KRISHNA PRASAD RESPONDENT/S: 1 STATE OF KERALA PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. REPRESENTED BY ITS SECRETARY, PIN - 695001 2 KERALA ROAD FUND BOARD REPRESENTED BY ITS SECRETARY, SRIBALA BUILDINGS, T.C. 11/339, 5TH FLOOR, KESTON ROAD, NANDANCODE, KOWDIAR, THIRUVANANTHAPURAM. PIN - 695003 3 THE PROJECT DIRECTOR PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD, T.C. 11/339, 5TH FLOOR, KESTON ROAD, NANDANCODE, KOWDIAR, THIRUVANANTHAPURAM., PIN – 695003 4 KERALA INFRASTRUCTURE INVESTMENT FUND BOARD (KIIFB) 2ND FLOOR, FELICITY SQUARE, STATUE JUNCTION, THIRUVANANTHAPURAM. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER., PIN - 695001 BY ADVS. K.V.MANOJ KUMAR S.CHANDRASEKHARAN NAIR, SC, KIIFB SHRI.K.V.MANOJ KUMAR, SC, KERALA ROAD FUND BOARD OTHER PRESENT: GP AMMINIKUTTY K. THIS WRIT PETITION (CIVIL) HAVING C
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