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RENCHU OMMEN versus STATE OF KERALA

High Court of Kerala

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RENCHU OMMEN v. STATE OF KERALA - WP(C) No. 27408 of 2007(K) [2007] RD-KL 17359 (14 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27408 of 2007(K)

1. RENCHU OMMEN,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE MALLAPPALLY BLOCK PANCHAYATH,

3. THE PROJECT OFFICER,

For Petitioner :SRI.V.K.SUNIL

For Respondent : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

Dated :14/09/2007

O R D E R

ANTONY DOMINIC, J.


===============
W.P.(C) NO. 27408 OF 2007
====================

Dated this the 14th day of September, 2007



J U D G M E N T

The challenge in this writ petition is against Ext.P19 order of termination of contract that was entered into by the petitioner, in so far as the termination is at the risk and cost of the petitioner. Petitioner is not aggrieved by the termination as such, but is only complaining against that part of it, which is at his risk and cost.

2. The fact remains that the work awarded to the petitioner was not completed by him. Petitioner submits that it is only because of the indifference of the respondents in discharging their contractual obligations that he could not perform the contract. On the other hand the allegation in Ext.P19 is that it is on account of the fault of the petitioner that the work could not be completed. Thus both the parties are raising allegations against each other and necessarily in WPC 27408/07 order to relieve the petitioner from the risk and cost Clause of the contract, adjudication on the justifiability of the claim of each of the parties is necessary. It also requires appreciation of evidence. This cannot be done in a proceedings under Article 226 of the Constitution of India. Therefore, without prejudice to the right of the writ petitioner to move appropriate forum, this writ petition is dismissed.

ANTONY DOMINIC, JUDGE.

Rp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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