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Kerala High Court

S. Sivasamy vs State Of Kerala on 28 March, 2025

Author: C.S.Dias

Bench: C.S.Dias

WP(C) No.13021/2025                     1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                         THE HONOURABLE MR.JUSTICE C.S.DIAS
              Friday, the 28th day of March 2025 / 7th Chaithra, 1947
                            WP(C) NO. 13021 OF 2025(C)
   PETITIONER:

          S.SIVASAMY, AGED 58 YEARS, S/O SENNIMALAI GOUNDER, RESIDING AT 12-G
          ESTATE, VEERIYAMPALAYAM, KALAPPATTI P.O, COIMBATORE, PIN - 641048

   RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
         PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001
      2. PROJECT DIRECTOR PROJECT MANAGEMENT UNIT, KERALA ROAD FUND BOARD,
         SREEBALA BUILDING, TC11/339, 5TH FLOOR, KESTON RD., NANTHANCODE,
         KOWDIAR POST, TRIVANDRUM, PIN - 695003


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all the proceedings pursuant to Exhibit P8 and P10 during
   the pendency of this Writ Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.K.S.HARIHARAN NAIR, RAJATH R NATH, G.REMADEVI, HARIMA HARIHARAN,
   THAREEQ ANVER K. & DHEERAJ SASIDHARAN Advocates for the petitioner,
   GOVERNMENT PLEADER for respondent 1 and of STANDING COUNSEL for respondent
   2, the court passed the following:
 WP(C) No.13021/2025                             2/3




                                       C.S.DIAS,J
                         -------------------------------------------
                             W.P.(C) No.13021 of 2025
                         -------------------------------------------
                      Dated this the 28th day of March, 2025


                                          ORDER

Admitted.

2. The learned Government Pleader takes notice for the 1st respondent. The learned Standing Counsel takes notice for the 2nd respondent. The respondents may file their counter affidavit, if any.

3. On a consideration of the facts and the materials on record, I am satisfied that the petitioner is entitled to an ad-interim order. Hence, I direct the respondents not to realise the risk and cost of the terminated contract from the petitioner, during pendency of this writ petition. Nonetheless, the respondents would be at liberty to rearrange the terminated contract.

Sd/-

C.S.DIAS, JUDGE NAB 28-03-2025 /True Copy/ Assistant Registrar WP(C) No.13021/2025 3/3 APPENDIX OF WP(C) 13021/2025 Exhibit P8 TRUE COPY OF THE LETTER DATED 12/12/2024 BEARING NO.PDKRFB-PLKD/1/2022-PE7 Exhibit P10 TRUE COPY OF THE LETTER DATED 21/03/2025 BEARING NO.PDKRFB-PLKD/7/2022-PE7 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER 28-03-2025 /True Copy/ Assistant Registrar