IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3617 of 2010(B) ------------------------- PETITIONER: --------------- JOHN MATHEW, MUKALUVILATHAZHE PUTHENVEERDU, KIZHAKKETHERUVU P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, P.W.D.ROAD AND BRIDGES, SOUTH CIRCLE, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, P.W.D.ROAD DIVISION,KOLLAM GOVERNMENT PLEADER: SRI P N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.3617 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2010 JUDGMENT The petitioner is a contractor who was awarded the work tendered as per Ext.P1. The copy of selection notice has been produced as Ext.P2. The work in question is the work of improvements to Officemukku-Meeyannoor road from Ch.0/00 to 5/700 kilometre which is a programme included in the 1 crore work in each constituency. Petitioner submitted tender on 29/10/2008 for the work for 9.70% below the estimate rate. According to the petitioner part of the work has been completed and finally the writ petitioner approached the Superintendent Engineer by Ext.P11 representation wherein the petitioner has sought for a revision of the rates for concluding the balance work. Because of JBIC water line works, petitioner could not proceed the work as scheduled. According to him, he is entitled for various reliefs as claimed in Ext.P11 representation and Exts.P3 to P10 are the earlier correspondences. The petitioner has approached on receipt of Ext.P12 a communication of the Executive Engineer asking him to resume the work. According to him the said communication is issued over looking the fact W.P.(C)No.3617 of 2010 2 that Ext.P11 is pending before the Superintendent Engineer. 2. The learned Government Pleader on instructions submitted that Ext.P11 is now pending before the Superintendent Engineer. Ext.P12 is a communication asking the petitioner to resume the work. 3. There will be a direction to the second respondent to take a decision on Ext.P11 in accordance with law within a period of three weeks 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 skj