IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 2230 of 2010(C) -------------------------------------- PETITIONER(S): ------------------------ LIJO JOHNY K., GOVERNMENT CONTRACTOR, KURUTHUKULANGARA HOUSE, KURUMPILAVU P.O., THRISSUR-680 564. BY ADV. MR.K.BABU THOMAS RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, PUBLIC OFFICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE, THRISSUR. 4. THE EXECUTIVE ENGINEER, ADDITIONAL IRRIGATION DIVISION, THRISSUR. R1 TO R4 BY GOVERNMENT PLEADER MR. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2230/2010 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PORTION OF THE AGREEMENT NO.52/SEICC/ 2008-2009 DTD. 11/03/2009. P2: COPY OF LETTER SENT BY THE PETITIONER TO THE 4TH RESPONDENT INTIMATING OBSTRUCTIONS CAUSED AT SITE DTD. 22/06/2009. P3: COPY OF RESOLUTION PASSED BY THE VADANAPILLY GRAMA PANCHAYAT, DEMANDING TO LEAVE FISHING GAP IN THE ALIGNMENT OF THE SEA WALL DTD. 25/07/2009. P4: COPY OF LETTER OF THE 4TH RESPONDENT TO THE PRSIDENT OF VADANAPPILLY GRAMA PANCHAYAT, REQUESTING TO INTIMATE WITHIN 7 DAYS AS TO WHETHER CONSTRUCTION OF SEA WALL IS NOT NEEDED DTD. 8/10/2009. P5: COPY OF THE REPRESENTATION OF THE PETITIONER TO THE RESPONDENTS, REQUESTING PAYMENT OF RS.66,77,881/- TOWARDS VALUE OF WORKS CARRIED OUT DTD. 7/12/2009. P6: COPY OF THE LETTER OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT, DIRECTING TO TAKE APPROPRIATE ACTION ON EXT.P5 REPRESENTATION OF THE PETITIONER DTD. 16/12/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2230/2010-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of March, 2010 J U D G M E N T The petitioner is a Government Contractor and the contract for the work of 12th FC.(2007-2010)-ASE- Construction of sea wall for a length of 700m towards South of C.P.3781 in Vatanappilly Beach (Reach II-Construction of sea wall for a length of 350m from 450m South of C.P.3781 towards South) valued at Rs.1,25,11,566/- was granted as per Ext.P1 agreement. It is stated that the work commenced on 20/03/2009 and could be continued only upto 19/06/2009 due to the obstructions caused by the local inhabitants. The petitioner claims that upto that point he carried out the construction of the sea wall and the value of the works carried out is to the tune of Rs.66,77,881/-. The petitioner submitted Exts.P2 and P3 representations in the matter to remove the obstruction. Finally, by Ext.P5, the attention of the third respondent has been invited in the matter. The writ petition is filed seeking for a direction to the respondents to consider and pass orders on Ext.P5 within a time frame since an amount of Rs.66,77,881/- is due to the petitioner. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. There W.P.(C). No.2230/2010 -:2:- will be a direction to respondents to consider Ext.P5 after hearing the petitioner within a period of one month from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms