2025:KER:26830 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 25089 OF 2023 PETITIONER: M/S. RAJI MATHEW & CO., AGED 56 YEARS, PAMPLANIYIL, BHARANANGANAM P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, RAJI MATHEW, PIN – 686578. BY ADVS. SANTHOSH MATHEW ARUN THOMAS KARTHIKA MARIA ANIL SEBASTIAN PULICKEL ABI BENNY AREECKAL SHINTO MATHEW ABRAHAM MATHEW NEVIN THOMAS KURIAN ANTONY MATHEW RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001. 2 THE SUPERINTENDING ENGINEER, PWD, ROADS SOUTH CIRCLE, THIRUVANANTHAPURAM, PIN – 695033. 3 THE IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, W.P.(C)No.25089 of 2023 2 2025:KER:26830 WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. OTHER PRESENT: SRI MANOJ KUMAR K V,GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.25089 of 2023 3 2025:KER:26830 JUDGMENT The petitioner, engaged in the execution of contracts, have been awarded a work - the improvement of Ezhamkulam Plantation Mukku-Theppupara Nedumankavu Road in Adoor LAC by the 2nd respondent herein, pursuant to Ext.P1 letter of acceptance. The period for completion of the work was extended once, as evidenced by Ext.P6 dated 22.03.2022 up to 31.05.2022. The petitioner states that the majority of the work is completed. Only a small portion – representing a bridge was not completed. The petitioner further contends that, even as against the afore bridge, he could not carry out the construction for want of a NOC from Irrigation Department. The petitioner states that even after the expiry of the period, as extended by Ext.P6, the work could not be completed on account of the delay in obtaining the NOC - NOC being obtained on 25.02.2022 - which itself was conditional by providing that the work should commence only after 31.05.2022. In such circumstances, the petitioner sought for foreclosure of the work in question W.P.(C)No.25089 of 2023 4 2025:KER:26830 by invoking the provisions of Clause No.20.7 of the agreement. This was originally rejected as seen from Ext.P12. Ext.P12 was the subject matter of consideration in W.P.(C)No.3227 of 2022 and by Ext.P16 judgment dated 15.03.2023, a learned Single Judge of this Court, found that in the interest of justice, the escalation sought for by the petitioner is to be taken into account, taking note of the circumstances pointed out by the petitioner. On the basis of the afore, though Ext.P17 is submitted by the petitioner, by Ext.P18, the 2nd respondent herein refused to interfere, with reference to the relevant portions of the agreement. 2. It is in the afore circumstances that the captioned writ petition is filed by the petitioner. 3. I have heard Sri.Mathew M.Thomas, the learned counsel for the petitioner as well as Sri.K.V.Manoj Kumar, the learned Government Pleader for the respondents herein. 4. The challenge in this writ petition is with reference to the findings contained in Ext.P18. The learned W.P.(C)No.25089 of 2023 5 2025:KER:26830 Government Pleader would fairly point out that this Court need not enter into any findings in respect to the challenge against Ext.P18 and the respondents are ready and willing to consider an application for foreclosure, if submitted by the petitioner afresh. 5. The learned counsel for the petitioner is also ready and willing to accept the afore submission made by the learned Government Pleader. 6. In the light of the afore, taking note of the extra ordinary circumstances pointed out in the writ petition as well as the rival submissions urged as above, I dispose of this writ petition by permitting the petitioner to file a fresh application seeking the foreclosure of the work, pointing out the facts and figures, within a period of four weeks from today. If such an application being filed by the petitioner, the 2nd respondent herein to consider the same, taking into account the extra ordinary circumstances pointed out as above and pass appropriate orders within a further period of three weeks hereafter. W.P.(C)No.25089 of 2023 6 2025:KER:26830 Till final disposal as above, the orders of stay granted by this Court to continue. Sd/- HARISANKAR V. MENON JUDGE ANA W.P.(C)No.25089 of 2023 7 2025:KER:26830 APPENDIX OF WP(C) 25089/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LETTER OF ACCEPTANCE ISSUED BY THE 2ND RESPONDENT DATED 03.02.2021 ISSUED IN FAVOUR OF THE PETITIONER FOR THE WORK 'BUDGET WORK 2018-19 (20% BUDGET PROVISION) IMPROVEMENTS TO EZHAMKULAM PLANTATION MUKKU-THEPPUPARA NEDUMANKAVU ROAD IN ADOOR LAC' Exhibit P2 A TRUE COPY OF RELEVANT EXTRACTS FROM THE AGREEMENT FOR THE WORK DATED 08.02.2021. Exhibit P3 A TRUE COPY OF THE PETITIONER’S LETTER DATED 04.09.2021 TO THE 2ND RESPONDENT. Exhibit P4 A TRUE COPY OF THE PETITIONER’S LETTER DATED 28.10.2021 TO THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE PETITIONER’S LETTER DATED 18.01.2022 TO THE 2ND RESPONDENT. Exhibit P6 TRUE COPY OF THIS SUPPLEMENTAL AGREEMENT DATED 22.03.2022 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. Exhibit P7 A TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 24.05.2022 TO THE 2ND RESPONDENT. Exhibit P8 TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 30.06.2022 Exhibit P9 TRUE COPY OF PHOTOGRAPHS SHOWING THE STRETCHES OF THE ROAD FULLY COMPLETED BY THE PETITIONER. W.P.(C)No.25089 of 2023 8 2025:KER:26830 Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 19.07.2022 IN WP(C) NO.23366 OF 2022 Exhibit 11 TRUE COPY OF THE PETITIONER'S LETTER DATED 24.08.2022 TO THE 2ND RESPONDENT. Exhibit P12 TRUE COPY OF THE PROCEEDINGS DATED 02.09.2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P13 . A TRUE COPY OF THE ORDER DATED 12.10.2022 OF THIS HON’BLE COURT IN W.P. (C) NO. 32271 OF 2022 Exhibit P14 A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 24.11.2022 IN W.P.(C) NO. 32271 OF 2022 BY THE 2ND RESPONDENT. Exhibit P15 A TRUE COPY OF THE ADDL. COUNTER AFFIDAVIT DATED 23.02.2023 IN W.P.(C) NO. 32271 OF 2022 BY THE 2ND RESPONDENT. Exhibit P16 A TRUE COPY OF THE JUDGMENT DATED 15.03.2023 IN W.P.(C) NO. 32271 OF 2022 OF THIS HON'BLE COURT. Exhibit P17 A TRUE COPY OF THE PETITIONER’S REPRESENTATION DATED 05.04.2023 TO THE 2ND RESPONDENT.. Exhibit P18 A TRUE COPY OF THE 2ND RESPONDENT’S COMMUNICATION DATED 10.05.2023 TO THE PETITIONER.