IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17228 of 2008(A)
1. M/S. MADATHIL CONSTRUCTIONS, ENGINEERS
... Petitioner
Vs
1. STATE OF KERALA, REP. BY ITS SECRETARY
... Respondent
2. THE SUPERINTENDENT OF ENGINEER,
3. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :14/07/2008
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.17228 OF 2008
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Dated this the 14th day of July, 2008
JUDGMENT
In this writ petition, the petitioner challenges Ext.P8 order,
whereby the contract awarded to the petitioner has been
terminated and the Government has directed to re-arranged the
work with the rider that the loss sustained to the Government
due to re-arrangement of the work will be recovered from the
petitioner by resort to proceedings under the Revenue Recovery
Act. It is also directed therein that the security deposit furnished
by the petitioner for the work would be forfeited to the
Government. Against the same, the petitioner has filed Ext.P9
representation before the Government. The petitioner seeks a
direction to the Government to consider the same.
2. I have heard the learned Government Pleader also.
The learned Government Pleader submits that if the petitioner is
prepared to continue the work without seeking revision of rates,
the 1st respondent is prepared to consider Ext.P9. This condition
is agreeable to the petitioner.
W.P.(c)No.17228/08 2
Accordingly, this writ petition is disposed of with a
direction to the 1st respondent to consider and pass orders on
Ext.P9 as expeditiously as possible, at any rate, within a period
of three months from the date of receipt of a copy of this
judgment, after affording an opportunity of being heard to the
petitioner. I make it clear that this is subject to the condition
that the petitioner is prepared to continue the work without
raising any claim for revision of rates.
S. SIRI JAGAN, JUDGE
Acd
W.P.(c)No.17228/08 3