IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH DECEMBER 2010 / 18TH AGRAHAYANA 1932 WP(C).No. 36755 of 2010(T) --------------------------------- PETITIONER(S): ------------------- D.SUNDARESAN, CHITHRA BHAVAN, K.K.N.NAGAR, KIZHE KALLEYAM, KARAKULAM P.O., THIRUVANANTHAPURAM-43. BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): -------------------- 1. THE SUPERINTENDEING ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY, TC-28/885, CSI BUILDING, PULIMOODU, THIRUVANANTHAPURAM-695 001. 2. THE EXECUTIVE ENGINNER, POVERTY ALLEVIASTION UNIT, DISTRICT PANCHAYASTH, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 3. THE ASSISTANT EXECUTIVE ENGINEER, POVERTY ALLEVIATION UNIT, DISTRICT PANCHAYATH, PATTOM P.O., THIRUVANANTHAPURAM-695 004. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R4 BY GOVT.PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 36755 of 2010 T ``````````````````````````````````````````````````````` Dated this the 9th day of December, 2010 J U D G M E N T Petitioner is a Contractor. He was awarded the construction work of the Kuttappu-Churakuzhy road in Perumkadavila Block and Etturuthy (Muliyoor)-Kariyottukonam road and Kariyodu-Enchapuri road in Vellanad Block of Thiruvananthapuram District under the Prime Minister's Gram Sadak Yojana package for 2006-2007. Exts.P1 and P2 are the agreements executed and Exts.P3 and P4 are the Bank Guarantees furnished by the petitioner for the timely performance of the contract. Petitioner says that for several reasons including the filing of O.S.No.606/2008 by strangers before the Munsiff Court, which is now pending in appeal before the Sub Court, Neyyattinkara, the work could not be completed. Finally, he requested that he be released from the contract. While the matter is thus pending, he made Ext.P9 representation requesting the first respondent to resolve the W.P.(C) No.36755/10 : 2 : dispute between the parties in terms of clause 24 of the general conditions of the contract, an extract of which is Ext.P13. A decision on Ext.P9 is also yet to be taken and in the meanwhile, he has been issued Ext.P10 threatening to recover the mobilisation advance of ` 26,17,050/- received by him by invoking Exts.P3 and P4 Bank Guarantees. It is in these circumstances, this writ petition has been filed. 2. Prima facie, it would appear that the request of the petitioner as contained in Ext.P9 is in terms of clause 24 of the general conditions of contract. If that be so, the competent authority is bound to consider the issue in the manner as provided in the contract and if aggrieved, the petitioner is entitled to seek further remedy before the empowered committee. Further, when the matter is pending before the designated authorities, I feel it is also premature to realise the mobilisation advance by invoking the Bank Guarantee as threatened in Ext.P10. 3. Having regard to the above, I dispose of the writ W.P.(C) No.36755/10 : 3 : petition, directing that the first respondent shall deal with Ext.P9 representation made by the petitioner in terms of the provisions contained in the contract between the parties. This, the first respondent shall do, as expeditiously as possible, at any rate, within eight weeks from the date of production of a copy of this judgment. 4. It is also directed that until Ext.P9 is dealt with as directed, further proceedings pursuant to Ext.P10 will be kept in abeyance for invocation of the Bank Guarantee. Petitioner shall produce a copy of this judgment and writ petition before the first respondent for compliance. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge