IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 W.P(C).No. 4023 of 2008(D) -------------------------------- PETITIONER: ---------------- N.CHANDRASEKHARAN NAIR, AGED 55 YEARS, S/O.NARAYANA PILLAI, PRANAVAM, THAIKKATTUKARA, ALUVA - 6. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.THOMSTINE K.AUGUSTINE SRI.C.N.GOPAKUMAR RESPONDENTS: ------------------- 1. THE EXECUTIVE ENGINEER, BUILDING DIVISION, PUBLIC WORKS DEPARTMENT, EDAPPALLY, ERNAKULAM. 2. S.SATHYAPALAN, ASSISTANT EXECUTIVE ENGINEER, BUILDING SUB DIVISION, PUBLIC WORKS DEPARTMENT, PERUMBAVOOR. BY GOVT. PLEADER, SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 4023 OF 2008 D = = = = = = = = = = = = = = = = Dated this the 13th March, 2008 J U D G M E N T Petitioner was awarded a contract for the repair work of Taluk Headquarters Hospital building, Perubamboor. According to the petitioner there was a modification in the design and thereupon he demanded revised rates. It is stated that for these reasons and on account of the petitioner's ailments, the work got delayed and that resulted in its cancellation at his risk and cost. Thereupon the petitioner submitted Ext. P6 requesting for a copy of the order of cancellation and also Ext. P7 representation stating that he is still willing to complete the works if the rates are revised. 2. On instructions, the learned Govt. Pleader submits that there was no change in the design and according to him, after the work was awarded, the petitioner did not even turn up for executing the agreement. It is stated that it was only on account of the default committed by the petitioner that the work awarded was cancelled. W.P.(C) No. 4023 OF 2008 -2- 3. Irrespective of all these, now that what is asked for by the petitioner is a copy of the order of cancellation of the contract and as he has represented by Ext. P7 that he is willing to do the work if rates are revised, it is for the 1st respondent to consider these matters. Therefore, this writ petition is disposed of directing the 1st respondent to take up Exts. P6 and P7 and pass appropriate orders thereon as expeditiously as possible, at any rate within 3 weeks of production of a copy of this judgment. ANTONY DOMINIC JUDGE jan/-