Kerala High Court
Pramod Chandran C.S vs State Of Kerala on 16 July, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 16TH DAY OF JULY 2014/25TH ASHADHA, 1936
WP(C).No. 15969 of 2013 (U)
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PETITIONER(S):
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1. PRAMOD CHANDRAN C.S.,
A2, ALSA SPRING FIELD, EASWARA VILASAM ROAD,
VAZHUTHACADU,THIRUVANANTHAPURAM-695 014.
2. SARAT. P. KARIYAM, BABY HUT,
SREEKARIYAM P.O., THIRUVANANTHAPURAM-695 017.
3. KRISHNA KUMARI,
A2, ALSA SPRING FIELD, EASWARA VILASAM ROAD,
VAZHUTHACADU, THIRUVANANTHAPURAM-695 014.
BY ADV. SRI.D.KISHORE
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2. KERALA STATE HORTICULTURAL PRODUCTS
DEVELOPMENT CORPORATION LTD.,
(HORTICORP) REPRESENTED BY ITS MANAGING DIRECTOR,
UDAYAGIRI, POOJAPPURA P.O., THIRUVANANTHAPURAM-695 012.
3. THE MANAGING DIRECTOR,
KERALA STATE HORTICULTURAL PRODUCTS DEVELOPMENT
CORPORATION LTD., (HORTICORP), UDAYAGIRI,
POOJAPPURA P.O.,THIRUVANANTHAPURAM-695 012.
R1 BY SR GOVERNMENT PLEADER SMT. ANITHA RAVEENDRAN
R2 & R3 BY ADV. SRI.S.V.PREMAKUMARAN NAIR
SRI.R.T.PRADEEP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16-07-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C).No. 15969 of 2013 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: TRUE COPY OF AGREEMENT DATED 16.7.2012 EXECUTED BETWEEN
THE 1ST PETITIONER AND THE 3RD RESPONDENT.
EXHIBIT-P2: TRUE COPY OF AGREEMENT DATED 16.7.2012 EXECUTED BETWEEN
THE 2ND PETITIONER AND THE 3RD RESPONDENT.
EXHIBIT-P3: TRUE COPY OF AGREEMENT DATED 16.7.2012 EXECUTED BETWEEN
THE 3RD PETITIONER AND THE 3RD RESPONDENT.
EXHIBIT-P3(A): TRUE COPY OF THE AGREEMENT DATED 25.9.2012 EXECUTED
BETWEEN THE 3RD PETITIONER AND THE 3RD RESPONDENT.
EXHIBIT-P4: TRUE COPY OF COMMUNICATION DATED 17.6.2013 ISSUED BY THE
3RD RESPONDENT TO THE 1ST PETITIONER.
EXHIBIT-P5: TRUE COPY OF COMMUNICATION DATED 17.6.2013 ISSUED BY THE
3RD RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT-P6: TRUE COPY OF COMMUNICATION DATED 17.6.2013 ISSUED BY THE
3RD RESPONDENT TO THE 3RD PETITIONER.
RESPONDENT(S)' EXHIBITS
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EXHIBIT R3(A) TRUE COPY OF STATEMENT OF INCOME AND EXPENDITURE OF EACH
VEHICLES WHICH DEMONSTRATE THE LOSS INCURRED BY THE 2ND
RESPONDENT.
/TRUE COPY/
P.A.TO.JUDGE
sts
A.MUHAMED MUSTAQUE, J.
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WP(C).No.15969 of 2013-U.
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Dated this the 16th day of July, 2014.
J U D G M E N T
This writ petition is filed by the owners of lorry feeling aggrieved by the termination of contract by the respondents. Exts.P1 to P3(a) are the agreements entered by the petitioners with the respondent Corporation. That agreements were valid for a period of 36 months from the date of execution. Admittedly, the period of the agreements have not been expired. On finding out certain loss, the Board Committee of the respondent Corporation has decided to withdraw from the agreement. The right of withdrawal cannot be questioned by the parties in a contract entered in a private realm. However, if any contract is terminated before the expiry of the period of the contract, without valid reason right that may accrue to the petitioners are for claim of compensation before appropriate civil court. This Court cannot compel any party WP(C).No.15969/2013-U. 2 to the contract to perform his part of the contract in a writ petition under Article 226 of the Constitution. Without prejudice to the said right of the petitioners, I am of the view, this Court cannot entertain a challenge with the decision taken by the respondent on the agreement. Accordingly this writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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