IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 27180 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- M/S.CHERIAN VARKEY CONSTRUCTION CO.(P) LTD., 5TH FLOOR, ALPHA PLAZA, K.P.VALLON ROAD, KADAVANTHARA, KOCHI-682 020, REPRESENTED BY THE DIRECTOR, GEORGE VARKEY. BY SRI.K.L.VARGHESE, SENIOR ADVOCATE, BY ADV. SMT.SANTHA VARGHESE. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, PWD (R & B) SOUTH CIRCLE, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, PWD (ROADS & BRIDGES) DIVISION,KOLLAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010 ALONG WITH WPC NO. 27182 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27180/2009 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 26/06/2009 ISSUED BY 2ND RESPONDENT. P2: COPY OF THE REPRESENTATION DTD. 27/07/2009 SUBMITTED BY PETITIONER TO 1ST RESPONDENT. P3: COPY OF THE MAHAZAR ISSUED BY THE REVENUE INSPECTOR OF THE SPECIAL TAHSILDAR NO.1, LAND ACQUISITION, KOLLAM. P4: COPY OF LETTER DTD. 14/05/09 OF THE ASSISTANT ENGINEER. P5: COPY OF G.O.NO.60/2008/FIN. DTD. 10/10/2008. P6: COPY OF G.O.(RT) NO.1497/2008/PWD DTD. 2/09/2008. P7: COPY OF THE SUPPLEMENTAL AGREEMENT DTD. 20/08/09. P8: COPY OF LETTER DTD. 28/08/09 ISSUED BY PETITIONER TO 2ND RESPONDENT. P9: COPY OF LETTER DTD. 09/09/09 ISSUED BY 3RD RESPONDENT TO PETITIONER. P10: COPY OF CERTIFICATE DTD. 24/09/09 ISSUED BY THE 2ND RESPONDENT SUPERINTENDING ENGINEER RELATING TO AYIRAMTHENGU - AZHEEKAL BRIDGE. P11: COPY OF CERTIFICATE DTD. 24/09/09 ISSUED BY THE 2ND RESPONDENT SUPERINTENDING ENGINEER RELATING TO ARATTUPUZHA BRIDGE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 27180 & 27182 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2010 J U D G M E N T The petitioner in these two writ petitions is the same. They have undertaken two works on behalf of the respondents. In respect of completion of that work, disputes have arisen between the petitioner and the respondents. Petitioner apprehends that alleging breach of contract the respondents are likely to demand damages from the petitioner in respect of the two contracts. In the above circumstances they have filed Ext.P2 in both writ petitions before the 1st respondent. The petitioner now confines his reliefs for a direction to the 1st respondent to consider and pass orders on Ext.P2, in both writ petitions, in accordance with law, expeditiously. 2. I have heard the learned Governed Pleader also. Having heard both sides, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders W.P.(C)Nos. 27180 & 27182 of 2009 -2- on Ext.P2 in both writ petitions as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. S. SIRI JAGAN JUDGE shg/