George Elias And Associates vs. State Of Kerala
Held
The High Court found that subsequent communications from the Chief Engineer directing the petitioner to complete the work and renew the agreement were legally unsustainable as they overlooked the Government Order relieving the petitioner. The Court set aside these communications and directed payment for completed works.
Facts
A partnership firm contracted for road construction and maintenance under PMGSY. Due to local obstructions, additional work not in the original estimate, and a stop memo from the Forest Department for a portion of the road, the work was delayed and costs increased. The petitioner was eventually relieved from the contract without risk and cost by a Government Order.
Key Issues
Whether the Chief Engineer could issue directions to complete work after the Government had relieved the contractor from the contract without risk and cost, and whether the contractor was entitled to payment for completed works.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 9TH DAY OF DECEMBER 2021/18TH AGRAHAYANA, 1943 WP(C) NO. 24848 OF 2021 PETITIONER: GEORGE ELIAS AND ASSOCIATES, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT EDAYATH, AYAVANA, MUVATTUPUZHA, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER-MR. GEORGE ELIAS BY ADVS. V.PHILIP MATHEW GIBI.C.GEORGE E.RADHAKRISHNAN AMAL PARTHASARADHY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM 695 011, REPRESENTED BY ITS CHIEF ENGINEER. 3 THE CHIEF ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM 695 011. W.P.(C) No.24848/2021 : 2 : 4 THE SUPERINTENDING ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, 5TH FLOOR, SWARAJ BHAVAN, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM 695 011. 5 THE EXECUTIVE ENGINEER, PMGSY, PROGRAMME IMPLEMENTATION UNIT (PIU), DISTRICT PANCHAY
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