Kerala High Court
State Of Kerala vs Mohandas on 1 August, 2025
RSA No.1003 of 2018
& connected cases 1 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1003 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.234 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1101 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT
2 THE EXECUTIVE ENGINEER,
ADDL. IRRIGATION DIVISION,
THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R.JAYADEVAN, AGED 50 YEARS,
S/O RAGHAVAN,"SHANTHINIKETH",
CHIRAKKAL P.O.,KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N.RAGHAVAN,AGED 76, S/O NARAYANAN,
SHANTHINIKETH,CHIRKKAL P.O.,KANNUR DISTRICT
BY ADVS. SRI.S.SREEKUMAR (SR.)
SHRI.AJITH KRISHNAN
SRI.S.MOHAMMED AL RAFI
SRI.NAVEEN.T
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1032 OF 2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 2 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1032 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.242 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1106 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER
ADDL. IRRIGATION DIVISION,
THRISSUR
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. JAYADEVAN, AGED 47 YEARS
S/O.RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N.RAGHAVAN, AGED 76, S/O.NARAYANAN,
SHANTHINIKETH, CHIRAKKAL P.O.,
KANNUR DISTRICT - 670 011.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 3 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1033 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.245 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1103 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL.IRRIGATION DIVISION, THRISSUR.
BY ADVS.SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
MOHANDAS,AGED 50 YEARS
S/O. RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O, KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER
K.N RAGHAVAN, AGED 76 , S/O .NARAYANAN,
SHANTHINIKETH, CHRAKKAL P.O.,
KANNUR-DISTRICT 670011.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 4 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1034 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.239 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1107 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
THE STATE OF KERALA
REPRESENTED BY THE GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R.JAYADEVAN, AGED 47 YEARS
S/O RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N. RAGHAVAN, AGED 76,
S/O. NARAYANAN, SHANTHINIKETH,
CHIRAKKAL P.O., KANNUR DISTRICT,
PIN - 670 011.
BY ADVS SHRI.S.SREEKUMAR (SR),
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 5 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1040 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.237 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1098 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL. IRRIGATION DIVISION,
THRISSUR
BY ADVS.SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. JAYADEVAN, AGED 46 YEARS
S/O.RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N.RAGHAVAN, AGED 76, S/O.NARAYANAN,
SHANTHINIKETH, CHIRAKKAL.P.O.,
KANNUR DISTRICT-670 011.
BY ADVS SHRI.S.SREEKUMAR (SR),
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 6 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1047 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.246 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1102 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER
ADDL.IRRIGATION DIVISION,
THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R.JAYADEVAN,AGED 47 YEARS
S/O.RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N.RAGHAVAN, AGED 76, S/O.NARAYANAN,
SHANTHINIKETH, CHIRAKKAL P.O.,
KANNUR DISTRICT - 670 011.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 7 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1052 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.238 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1094 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT
2 THE EXECUTIVE ENGINEER,
ADDL. IRRIGATION DIVISION,
THRISSUR
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
MOHANDAS, AGED 50 YEARS
S/O RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P O, KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K N RAGHAVAN, AGED 76, S/O NARAYANAN,
SHANTHINIKETH, CHIRAKKAL P O,
KANNUR DISTRICT-670 011
BY ADVS. SHRI. S.SREEKUMAR (SR)
SHRI.AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 8 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1069 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.236 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1097 OF 2005 OF
THE PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS:
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL.IRRIGATION DIVISION,
THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. JAYADEVAN, AGED 46 YEARS
S/O.RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL PO, KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N. RAGHAVAN, AGED 76, S/O.NARAYANAN,
SHANTHINIKETH, CHIRAKKAL PO,
KANNUR DISTRICT- 670011.
BY ADVS. SHRI.S.SREEKUMAR (SR)
SHRI.AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 9 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1082 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.283 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1095 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL.IRRIGATION DIVISION,
THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. JAYADEVAN, AGED 46 YEARS
S/O RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N.RAGHAVAN, AGED 76, S/O NARAYANAN,
SHANTHINIKETH, CHIRAKKAL P.O.,
KANNUR DISTRICT.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI. S.R. AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 10 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1084 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.282 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1092 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT
2 THE EXECUTIVE ENGINEER,
ADDL. IRRIGATION DIVISION,
THRISSUR.
BY ADVS.SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. MOHANDAS
S/O RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR- 670 011
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING
RSA No.1003 of 2018
& connected cases 11 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1086 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.240 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1099 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL. IRRIGATION DIVISION,
THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. JAYADEVAN, AGED 46 YEARS
S/O.RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL.P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N.RAGHAVAN, AGED 76, S/O.NARAYANAN,
SHANTHINIKETH, CHIRAKKAL.P.O.,
KANNUR DISTRICT, PIN-670 011.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 12 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1091 OF 2018
AGAINST THE JUDGMENT DATED 26.10.2017 IN AS NO.244 OF 2013
OF DISTRICT COURT, THRISSUR ARISING OUT OF THE JUDGMENT AND
DECREE DATED 19.10.2012 IN OS NO.1104 OF 2005 OF PRINCIPAL SUB
COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL.IRRIGATION DIVISION,
THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
MOHANDAS, AGED 50 YEARS
S/O RAGHAVAN, "SHANTHINIKETH",
CHRAKKAL.P.O, KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N. RAGHAVAN, AGED 76, S/O NARAYANAN,
SANTHINIKETH, CHRAKKAL.P.O,
KANNUR-DISTRICT-11.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING
RSA No.1003 of 2018
& connected cases 13 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 1121 OF 2018
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.243 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1100 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL.IRRIGATION DIVISION, THRISSUR.
BY ADVS.SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. JAYADEVAN, AGED 47 YEARS
S/O RAGHAVAN, "SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N. RAGHAVAN, AGED 76, S/O NARAYANAN,
SHANTHINIKETH, CHIRAKKAL PO,
KANNUR, PIN - 670 011.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 14 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 6 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.281 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1093 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER
ADDL. IRRIGATION DIVISION, THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R. JAYADEVAN
S/O. RAGHAVAN, "SHANTHINIKETH",
CHRAKKAL P.O, KANNUR-11
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 15 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 245 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.241 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1105 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER
ADDITIONAL IRRIGATION DIVISION, THRISSUR
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
MOHANDAS, AGED 50 YEARS,
S/O.RAGHAVAN, "SHANTHINIKETH",
CHARAKKAL.P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNY HOLDER,
K.N.RAGHAVAN, AGED 76, S/O.NARAYANAN,
SHANTHINIKETH, CHARAKKAL.P.O.,
KANNUR DISTRICT-670 011.
BY ADVS. SHRI.S. SREEKUMR, (SR).
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 16 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 249 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.235 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN OS NO.1091 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA,
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER,
ADDL. IRRIGATION DIVISION, THRISSUR.
BY ADVS. SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
MOHANDAS, AGED 50 YEARS
S/O. RAGHAVAN," SHANTHINIKETH",
CHIRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N.RAGHAVAN, AGED 76, S/O. NARAYANAN,
SHANTHINIKETH, CHIRAKKAL P.O.,
KANNUR - DISTRICT.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 17 2025:KER:57645
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
RSA NO. 252 OF 2019
AGAINST THE JUDGMENT AND DECREE DATED 26.10.2017 IN AS
NO.233 OF 2013 OF DISTRICT COURT, THRISSUR ARISING OUT OF THE
JUDGMENT AND DECREE DATED 19.10.2012 IN O.S. NO.1096 OF 2005 OF
PRINCIPAL SUB COURT, THRISSUR
APPELLANTS/APPELLANTS/DEFENDANTS :
1 THE STATE OF KERALA
REPRESENTED BY GOVERNMENT SECRETARY,
IRRIGATION DEPARTMENT.
2 THE EXECUTIVE ENGINEER
ADDL. IRRIGATION DIVISION,
THRISSUR.
BY ADVS.SHRI.K.V.MANOJ KUMAR, SENIOR G.P.
RESPONDENT/RESPONDENT/PLAINTIFF :
R.JAYADEVAN, AGED 46 YEARS
S/O RAGHAVAN, "SHANTHINIKETH",
CHRAKKAL P.O., KANNUR DISTRICT,
REPRESENTED BY POWER OF ATTORNEY HOLDER,
K.N. RAGHAVAN, AGED 76, S/O NARAYANAN,
SHANTHINIKETH, CHRAKKAL P.O., KANNUR DISTRICT.
BY ADVS SHRI.S.SREEKUMAR (SR)
SHRI. AJITH KRISHNAN
SHRI.S.R.AJITH
THIS REGULAR SECOND APPEAL HAVING COME UP FOR HEARING ON
01.08.2025, ALONG WITH RSA NO.1003/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RSA No.1003 of 2018
& connected cases 18 2025:KER:57645
EASWARAN S., J.
————————————
R.S.A. Nos.1003, 1032, 1033, 1034, 1040,
1047, 1052, 1069, 1082, 1084, 1086, 1091 &
1121 of 2018 and RSA Nos.6, 245, 249 & 252 of 2019
————————————-
st
Dated this the 1 day of August, 2025
JUDGEMNT
These appeals raise a common question regarding the
entitlement of Government contractors to claim interest or damages
for the delayed payment of bills by the Government. Hence, they are
being taken up and disposed of together by this common judgment.
2. As the facts in these cases are not in dispute, for the sake of
brevity, the facts of each suit are not being discussed, particularly
since the question of law arising in these appeals alone were
canvassed. The plaintiffs were all awarded various contracts by the
Government for carrying out certain emergency work to prevent sea
erosion. There is no dispute that all the plaintiffs have completed the
work, in due time, and have submitted their bills in time. It is also
not disputed that the Government delayed the payment of these bills.
The respondents herein, who are the plaintiffs, had submitted the
bills on different dates, and the payments were made beyond a
reasonable period. The details regarding the submission of the bills
RSA No.1003 of 2018
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and the date of payments, as shown in the judgment rendered by the
courts below, are extracted below:
Sl.No. Case No. Date of Date of Delay
submission payment
1 OS 1091/2005 23.07.1997 01.09.1999 25M 9D
2 OS 1092/2005 14.07.1997 29.11.1999 25M18D
3 OS 1093/2005 26.06.1996 27.11.1999 1249D
4 OS 1094/2005 14.06.1996 29.11.1999 41M 16D
5 OS 1095/2005 26.06.1996 27.11.1999 1249D
6 OS 1096/2005 06.06.1996 27.11.1999 41M 22D
7 OS 1097/2005 05.06.1996 27.11.1999 1265D
8 OS 1098/2005 08.06.1996 27.11.1999 1267D
9 OS 1099/2005 06.06.1996 14.10.1999 1225D
10 OS 1100/2005 12.06.1996 27.11.1999 1263D
11 OS 1101/2005 07.06.1996 27.11.1999 1268D
12 OS 1102/2005 13.06.1996 27.11.1999 1262D
13 OS 1103/2005 25.07.1997 22.10.1999 27M
14 OS 1104/2005 25.07.1997 19.08.1999 25M
15 OS 1105/2005 19.07.1997 29.11.1999 28M 103D
16 OS 1106/2005 07.06.1996 14.10.1999 1224D
17 OS 1107/2005 08.06.1996 27.11.1999 41M 20D
3. The delay thus caused in payment of the aforesaid bills is as
RSA No.1003 of 2018
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follows:
Sl.No. Case No. Date of Date of
submission payment
1 OS 1091/2005 13.01.1998 01.09.1999
2 OS 1092/2005 13.01.1998 26.11.1999
3 OS 1093/2005 12.08.1997 26.11.1999
4 OS 1094/2005 13.01.1998 26.11.1999
5 OS 1095/2005 12.08.1997 26.11.1999
6 OS 1096/2005 12.08.1997 26.11.1999
7 OS 1097/2005 12.08.1997 26.11.1999
8 OS 1098/2005 12.08.1997 26.11.1999
9 OS 1099/2005 12.08.1997 26.11.1999
10 OS 1100/2005 12.08.1997 26.11.1999
11 OS 1101/2005 12.08.1997 26.11.1999
12 OS 1102/2005 12.08.1997 26.11.1999
13 OS 1103/2005 13.01.1998 01.09.1999
14 OS 1104/2005 13.01.1998 19.08.1999
15 OS 1105/2005 22.11.1999 13.01.1998
16 OS 1106/2005 12.08.1997 14.10.1999
17 OS 1107/2005 12.08.1997 26.11.1999
4. On the basis of the pleadings and evidence, the trial court
accepted the claim of the plaintiffs and decreed the suits by directing
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the defendants to pay various amounts with interest, which are
extracted herein as follows:
Sl.No. Case Nos. Decision of the trial court
1 OS 1091/2005 Decreed in part with Rs.85,064/- with interest at
proportionate cost 12% p.a. from the date of suit
i.e, 24.5.2000 till realisation
2 OS 1092/2005 Decreed in part with Rs.69,830/- with interest at
proportionate cost 12% p.a. from the date of suit
i.e, 22.5.2000 till realisation
3 OS 1093/2005 Decreed in part with Rs.50,887- with interest at
proportionate cost 12% p.a. from the date of suit
i.e, 11.07.2000 till realisation
4 OS 1094/2005 Decreed with cost Rs.1,13,403/– with interest at
12% p.a. from the date of suit
i.e, 25.5.2000 till realisation
5 OS 1095/2005 Decreed in part with Rs.50,887- with interest at
proportionate cost 12% p.a. from the date of suit
i.e, 13.07.2000 till realisation
6 OS 1096/2005 Decreed with cost Rs.1,09,043/- with interest at
12% p.a. from the date of suit
i.e, 16.6.2000 till realisation
7 OS 1097/2005 Decreed with cost Rs.1,08,700/- with interest at
12% p.a. from the date of suit
i.e, 16.6.2000 till realisation
8 OS 1098/2005 Decreed with cost Rs.1,08,690/- with interest at
12% p.a. from the date of suit
i.e, 19.06.2000 till realisation
9 OS 1099/2005 Decreed with cost Rs.1,05,200/- with interest at
12% p.a. from the date of suit
i.e, 21.6.2000 till realisation
RSA No.1003 of 2018
& connected cases 22 2025:KER:5764510 OS 1100/2005 Decreed with cost Rs.1,10,338/- with interest at
12% p.a. from the date of suit
i.e, 22.06.2000 till realisation
11 OS 1101/2005 Decreed with cost Rs.1,08,595/- with interest at
12% p.a. from the date of suit
i.e, 19.6.2000 till realisation
12 OS 1102/2005 Decreed with cost Rs.1,08,442/- with interest at
12% p.a. from the date of suit
i.e, 7.7.2000 till realisation
13 OS 1103/2005 Decreed with cost Rs.1,05,824/- with interest at
12% p.a. from the date of suit
i.e, 26.5.2000 till realisation
14 OS 1104/2005 Decreed with cost Rs.1,32,369/- with interest at
12% p.a. from the date of suit
i.e, 5.6.2000 till realisation
15 OS 1105/2005 Decreed with cost Rs.1,87,020/- with interest at
12% p.a. from the date of suit
i.e, 8.6.2000 till realisation
16 OS 1106/2005 Decreed with cost Rs.1,05,177/- with interest at
12% p.a. from the date of suit
i.e, 21.6.2000 till realisation
17 OS 1107/2005 Decreed with cost Rs.1,10,687/- with interest at
12% p.a. from the date of suit
i.e, 21.6.2000 till realisation
5. Of course, interest was awarded on the aforesaid amounts
from the date of the suit till realisation. The State questioned the
judgment and decree in a series of appeals contending that
Clause 69 of the Madras Detailed Standard Specifications (in short,
‘MDSS’) would enable the Government to deny the claim for interest.
RSA No.1003 of 2018
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The first appellate court, after construing the aforesaid clause, came
to the conclusion that the aforesaid clause will not enable the
Government to take shelter for non-payment of the bills in time and,
therefore, concurred with the findings of the trial court, dismissed
all the appeals. Aggrieved by the findings of the courts below, the
State has come up with the present appeals.
6. On 11.7.2019, when the appeals were admitted, this Court
framed the following substantial question of law for consideration:
“Did the courts below go wrong in interpreting the
expression “payment in arrears” appearing in clause 69 of
the MDSS as one not applicable to late payment of bills
submitted after the completion of the works? ”
7. Heard Sri. K.V. Manoj Kumar, the learned Senior
Government Pleader appearing on behalf of the State and
Sri. S. Sreekumar, the learned Senior Counsel, assisted by Sri. Ajith
Krishnan, the learned counsel appearing for the respondents.
8. Sri. K.V. Manoj Kumar, the learned Senior Government
Pleader, submitted that the execution of the works or the contract
without obtaining adequate funds would necessarily confer immunity
on the State from the liability to pay interest on delayed payment of
bills. The bills were not paid due to any deliberate inaction on the
part of the authorities, but for the fact that the State had not allotted
RSA No.1003 of 2018
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necessary funds. In support of his contention, the learned counsel
relied on the provisions contained in the Kerala Financial Code.
According to the learned counsel, Article 185, though it provides for
‘starting of work in an emergency’, it must be ensured that the
authority competent to sanction the estimate also determines
whether the emergency is of such a nature that even a piece work
agreement cannot be executed. He would further point out that
under Article 184 of the Kerala Financial Code, if a higher authority
orders a Government servant on any ground whatever to start a work
for which an estimate is required under the rules but no estimate has
been sanctioned or for which adequate funds have not been provided
and no competent authority has undertaken to provide the necessary
funds, before the liability matures (whether an estimate has been
sanctioned or not), it should convey the order to start the work to
him in writing. The specific case set up by the learned Government
Pleader is that since the provision of funds under Article 180 having
not been made applicable to the work which commenced under
Articles 184 and 185 of the Kerala Financial Code, the contractors
cannot claim interest on the delayed payments. Still further, Clause
69 of the MDSS is also relied on to resist the plea of the claim of
interest of the contractors.
9. Sri. S Sreekumar, the learned Senior counsel appearing for
RSA No.1003 of 2018
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the plaintiffs would counter the submissions of the learned Senior
Government Pleader by stating that in the case of the plaintiffs, an
estimate was prepared and that a tender notification was issued and,
it was thereafter that, based on the eligibility of the contractors or
the tenderers, the tenders were finalised and thereafter agreements
were entered and therefore the provisions of Articles 184 and 185 of
the Kerala Financial Code will not apply. It is further pointed out that
in similar circumstances, this Court had negated the contention of
the State that the interest on delayed payments of bills is not liable
to be honoured by the State. In support of his contentions the learned
Senior counsel relied on the decision of this Court in State of Kerala
and Another v. P Edward John [2015 (3) KHC 867] , State of Kerala
and Others v. M/s Highway Contractors (P) Ltd. [ RFA No.379 of
2009 dated 22.12.2015] and also in R.Mohandas v. State of Kerala
and others [ W.P.(C) No.23033 of 2019 dated 14.07.2025]. It is
further pointed out that the Supreme Court in Jaiprakash Associates
Ltd. (Jal) through its Director v. Tehri Hydro Development
Corporation India Ltd. (Thdc) through its Director [2019 KHC 6135]
had considered a similar clause in the general conditions of contract
which is in parametria to clause 69 of the MDSS and held that the
award of interest is not prohibited in the nature of the conditions
contained in the aforesaid clause. But, in view of the specific
RSA No.1003 of 2018
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embargo under the Arbitration and Reconciliation Act, 1996, the
award of interest by the Arbitrator was held to be illegal.
10. I have considered the rival submissions raised across the
Bar and have perused the judgment of the trial court as well as the
first appellate court and the records in these appeals.
11. To answer the substantial question of law framed by this
Court, one needs to consider whether the provisions of Articles 184
and 185 of the Kerala Financial Code apply to the present
contractors. The thrust of the argument of the learned Senior
Government Pleader is that the non-payment of the bills was due to
the fact that the Government had not sanctioned the requisite funds.
It is pertinent to mention that the plaintiffs have produced sufficient
evidence before the trial court to show that the funds were allotted
for the purpose of carrying out emergency work of installing the sea
walls. Of course, the learned Senior Government Pleader has a
different perspective on the whole case pleaded by the plaintiffs, and
that, according to him, the sanctioning of the funds was for the whole
district and not for this particular area. Be that as it may, the fact
remains that as pointed out by the learned Senior counsel,
Sri. S. Sreekunar, the Government had entered into the contract
after inviting tenders and then preparing the estimate, and
thereafter selecting the lowest tenders, and after the selection
RSA No.1003 of 2018
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process was completed, an agreement was entered into. The above
procedure, followed by the State, would clearly dispel any doubt
surrounding the nature of the execution of the contract. From the
available records, it is not possible to conclude that the contract was
executed for emergency work. Therefore, prima facie, this Court is
of the view that the provisions of Articles 184 and 185 of the Kerala
Financial Code will not apply to the facts of the case.
12. Even assuming for argument’s sake that the aforesaid
clauses applied, then the further question before this Court is
whether the same would debar the plaintiffs from claiming any
interest on the delayed payments or would debar them from claiming
any damages for the delayed payment of the bills. The data as
extracted above in the judgment would clearly show that the State
took its own time to clear the bills which were submitted by the
contractors immediately after completion of the work. There is no
case pleaded or proved that the works executed by the contractors
were not satisfactory. Therefore, as a welfare State, the appellants
were all the more obliged to sanction the bills and pay the same
immediately, considering the fact that the contractors have
completed the work in time.
13. Though the learned Senior Government Pleader contended
that, in the nature of the commercial transaction entered between
RSA No.1003 of 2018
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the parties, the courts below could not have awarded the claim of the
plaintiffs, this Court is of the considered view that when the State
has chosen to enter into a contract and has consciously taken the
benefits out of the work executed by the contractors and further that
no complaint whatsoever having been raised against the work
executed by the contractors, was certainly obliged to sanction and
disburse the bill without any reasonable delay. Equally so, the
argument of the learned Senior Government Pleader is that the claim
for interest is not liable to be honoured by the State based on Clause
69 of MDSS. This is more so when the claim plaintiffs must be one
construed as for damages for the delayed payment of the bills
submitted by them way back from 1996 to 1998 onwards.
14. It is beyond doubt that the court has the power to grant
interest under Section 3 of the Interest Act, 1978. Though, under the
proviso to Section 3, the courts shall not grant interest, if it is
specifically barred under a contract, this Court is not in a position to
accept the argument of the learned Senior Government Pleader that
the contract bars the claim for interest especially since, the
precedents cited across the Bar are unanimous in their view that the
contractor can claim interest on the delayed payment of bills. Still
further, the award of interest on the amounts so quantified is
certainly within the discretion of the court. That being so, this Court
RSA No.1003 of 2018
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is not persuaded to interfere with the concurrent findings of the trial
court as confirmed by the first appellate court.
15. At this point of time, the learned Senior Government
Pleader would request this Court to interfere with the rate of interest
awarded by the trial court. In the nature of contentions raised by the
parties and conscious of the fact that the appellants have not paid
the due amount and the respondents/plaintiffs are still awaiting the
payments for the last 20 years, this Court is not in a position to
accede to the aforesaid request.
Resultantly, answering the questions of law raised against the
appellants, the appeals fail and are dismissed with costs to the
plaintiffs.
Sd/-
EASWARAN S.
NS JUDGE