IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 247 of 2010(E)
1. A.KISHORE, 'ANJALI',
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE CHIEF ENGINEER (ADMINISTRATION),
3. THE SUPERINTENDING ENGINEER,
4. THE EXECUTIVE ENGINEER,
For Petitioner :SRI.ANCHAL C.VIJAYAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :06/01/2010
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C)No.247 of 2010
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Dated this the 6th day of January, 2010
JUDGMENT
The petitioner is a contractor by profession. The petitioner
had executed an agreement vide No.12/SE ICC/2008-09 on
27/6/2008 with the third respondent, namely the reformation of
damaged seawall in between C.P.3957 and 3959 in Kodungallur
Taluk. It is stated by the petitioner that the said work is
connected with Tsunami rehabilitation programme. It was
entrusted to the petitioner in terms of the programme involved
by the respondent.
2. It is stated that the initial period of completion of
work was extended upto February, 2010. Because of various
circumstances petitioner could not start the work. Finally
Ext.P7 notice was issued by the 3rd respondent wherein the
petitioner was informed that, if the work is not completed before
the stipulated time, i.e. 4/1/2010, the 3rd respondent is bound to
terminate the work. He was also directed to start the work with
good progress within 15 days on receipt of the letter. In answer
to Ext.P7 notice, petitioner submitted Ext.P8 pointing out
various explanations for not starting the work and not
W.P.(C)No.247 of 2009
2
completing the work within the stipulated time. He further
prays for a direction to the 3rd respondent to consider Ext.P8
and take appropriate decision. There will be a direction to the
3rd respondent to take a decision in Ext.P8 after considering the
facts pointed out by the petitioner, before proceeding further.
The same will be done as expeditiously as possible.
T.R.RAMACHANDRAN NAIR, JUDGE
skj