IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 28031 of 2010(D) -------------------------- PETITIONER(S): --------------------- GALAXY BUILDERS,SREENIDHI POOJAPPURA PO THIRUVANANTHAPURAM 695 012,REPRESENTED BY ITS PROPRIETOR, THOMAS CLEOPHAS. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA RURAL WATER SUPPLY AND SANITATION AGENCY (JLANIDHI)3RD FLOOR,PTC TOWERS S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM 695 001,REPRESENTED BY ITS EXECUTIVE DIRECTOR 3. THE SECRETARY, SCHEME LEVEL EXECUTIVE COMMITTEE(SLEC) PANANCHERY, THRISSUR. 4. THE DIRECTOR TECHNICAL THE KERALA RURAL WATER SUPPLY AND SANITATION AGENCY(JALANIDHI)3RD FLOOR PTC TOWERS, S.S.KOVIL ROAD, THAMPANOOR,THIRUVANANTHAPURAM. 695 001. 5. THE DIRECTOR OPERATIONS, THE KERALA RURAL WATER SUPPLY AND SANITATION AGENCY(JALANIDHI) 3RD FLOORT, PTC TOWERS, S.S.KOVIL ROAD, THAMPANOOR,THIRUVANANTHAPURAM 695 001. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28031 OF 2010 (D) ===================== Dated this the 9th day of September, 2010 J U D G M E N T Petitioner states that they are the contractors appointed by the 2nd respondent. It is stated that there were certain disputes and an adjudicator was appointed. It is stated that in terms of the provisions of Clause 26.1 of the conditions of contract, petitioner sought replacement of the adjudicator by filing Exts.P7 and P8. Petitioner refers to Ext.P9 and submits that the 1st respondent also had directed the 2nd respondent to identify an acceptable adjudicator as per Ext.P9 minutes. The complaint of the petitioner is that inspite of Exts.P7 and P8 representations and Ext.P9 directions of the 1st respondent, 2nd respondent has not taken any action in terms of Clause 26.1 of the conditions of contract. Finally, the petitioner submitted Ext.P10 representation also to the 2nd respondent and even that representation remains unattended. It is in these circumstances, the writ petition has been filed seeking direction to the 2nd respondent to take appropriate action on Ext.P10 representation in the light of Ext.P9 minutes referred to above. WPC No. 28031/10 :2 : 2. In the facts as stated above, it is necessary that the 2nd respondent should deal with Ext.P10 representation made by the petitioner in the light of Ext.P9. This the 2nd respondent shall do at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. 3. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp