IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND SEPTEMBER 2008 / 31ST BHADRA 1930 WP(C).No. 28002 of 2008(H) ------------------------------------ PETITIONER : ---------------- M.T. ABDUL NAZER, P.W.D CONTRACTOR, BEVINJA, THEKKIL VERRY P.O., CHENGALA, KASARGOD. BY ADV. SRI.A.K.ABDUL AZEEZ SRI.K.K.MOHAMED RAVUF RESPONDENTS : ------------------- 1. KERALA STATE ELECTRICITY BOARD, (K.S.E.B FOR SHORT), REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEEER, TRANSMISSION CIRCLE, K.S.E.B, MALAPPURAM,PIN 676 509 3. THE CHIEF ENGINEER, TRASMISSION NORTH, KOZHIKODE. BY ADV.SRI.THAJUDDEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.28002 of 2008 -------------------------- Dated this the 22nd September, 2008 J U D G M E N T Petitioner was awarded the contract for construction of retaining wall and earth filling at 33 K.B. Sub Station, Kakkad, as evidenced by Exhibit P1. Later, there was a dispute between the petitioner on the one hand and Board on the other hand as regards the time frame within which the work has to be completed. Ultimately by Exhibit-P2 the contract has been cancelled and the same has been challenged in this writ petition. In my view, re-consideration of the matter is possible by the Board. Therefore, if the petitioner approaches the Board with a representation/appeal challenging Exhibit-P2 within a period of two weeks from today, the same shall be considered and appropriate action be taken by the Board, after hearing the petitioner within three weeks thereafter. Board is obviously in a position to take a decision independent of the findings in W.P ( C) No.28002 of 2008 2 Exhibit-P2. It is open to the petitioner to make an application before the Board for maintenance of the status quo as regards the work entrusted to him pending a final determination. It is up to the Board to take a decision in this regard. (V.GIRI,JUDGE) ma W.P ( C) No.28002 of 2008 3 W.P ( C) No.28002 of 2008 4