George Kuruvila vs. State Of Kerala
Held
The Division Bench held that the Single Judge erred by directing the contractor to complete the work without addressing the demand for a re-estimate and the Executive Engineer's apprehension regarding the marshy land. The judgment of the Single Judge was set aside, and the matter was remitted for fresh consideration.
Facts
A PWD contractor was awarded a road work in 2012 but did not proceed, citing marshy land conditions and requesting a soil test and revised estimate, which was also supported by the Executive Engineer. After years of departmental inaction, the Single Judge directed the contractor to complete the work by a specific date, prompting this appeal.
Key Issues
The key legal issue was whether the Single Judge correctly compelled the contractor to complete the work without adjudicating the contractor's request for a revised estimate based on challenging site conditions, which the department's own Executive Engineer had acknowledged.
AI-generated summary — verify with the full judgment below
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943 WA NO. 824 OF 2021 AGAINST THE ORDER/JUDGMENT IN WP(C) 2017/2021 OF HIGH COURT OF KERALA, ERNAKULAM APPELLANT/PETITIONER IN W.P.(C) 2017/2021: GEORGE KURUVILA AGED 61 YEARS S/O. UMMAN, SANKARAMANGALAM HOUSE, ERAVIPEROOR P. O. PATHANAMTHITTA DISTRICT. BY SRI.RANJITH THAMPAN(SR.) ADV V.M.KRISHNAKUMAR RESPONDENTS/RESPONDENTS IN W.P.(C)2017/2021: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001. 2 SUPERINTENDING ENGINEER PWD ROADS AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM - 695 033. 3 EXECUTIVE ENGINEER PWD ROADS DIVISION, KOTTAYAM - 686 001. 4 CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM - 695 001. SRI.SURIN GEORGE IPE, SENIOR GOVERNMENT PLEADER FOR RESPONDENETS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA.No.824 OF 2021 2 JUDGMENT Dated this the 7th day of July 2021 SHAJI P.CHALY,J Petitioner in the writ petition
The judgment continues below.
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