IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 17713 of 2008(H) -------------------------- PETITIONER: --------------- KAIKKARA CONSTRUCTION COMPANY, KAITHAVARAM BUNGLOW, KANKATHU MUKKU, KOLLAM, A PARTNERSHIP FIRM, REPRESENTED BY ITS MANAGING PARTNER A ABDUL SALAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNEMTN SECRETARIAT, THIRUVANANTHAPURAM 2. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF FISHERIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, HARBOUR ENGINEERING DEPARTMENT, GOVERNMENT OF KERALA, KAMALESWARM, THIRUVANANTHAPURAM. 4. THE SUPERINTENDING ENGINEER, HABOUR ENGINEERING NORTH CIRCLE, CHAKKORATHUKULAM, ERANHIPALAM P.O., KOZHIKODE 673 006. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.17713 OF 2008 ---------------------------------------- Dated this the 12th day of August, 2008 JUDGMENT The petitioner's grievance in this writ petition is that the petitioner has not been given an opportunity of being heard before passing Ext.P8 order, consequent to which Ext.P9 order has been passed, by which the contract awarded to the petitioner has been terminated at the risk and cost of the petitioner. The petitioner's contention is that earlier the time for completion of the work was extended imposing heavy penalty on the petitioner, against which the petitioner had filed Ext.P5 representation before the Government. This Court had by Ext.P6 judgment, directed the Government to consider that representation and pass appropriate orders on the same. Accordingly, an opportunity of hearing was granted to the petitioner on the question of the penalty imposed on the petitioner. While rejecting that representation in Ext.P8 the Government had ordered termination of the contract at the full risk and cost of the petitioner as well. According to the petitioner, at the time of W.P.(c)No.17713/08 2 hearing of that matter, the question of termination of the contract was not in contemplation at all and therefore, before including that also in Ext.P8 order, the petitioner should have been put to notice regarding the same and afforded an opportunity of being heard. 2. The learned Government Pleader would submit that the question of another hearing does not arise in this matter because the petitioner has already violated the terms of the contract, in respect of which only an extension of time had been granted imposing penalty on the petitioner. Therefore, the petitioner was very well aware of the consequences of non- completion of the work, after paying the penalty within the extended time stipulated. He would also submit that several show cause notices have been issued to the petitioner in this regard. In the above circumstances, no separate hearing was necessary is the contention raised by the learned Government Pleader. 3. I am not going into this controversy. In Ext.P6 judgment, this Court directed consideration of Ext.P5 representation of the petitioner regarding the penalty imposed on the petitioner for extension of time to complete the work. W.P.(c)No.17713/08 3 That being so, there cannot be any harm in the Government affording the petitioner another opportunity of being heard in the matter of termination of the contract. Accordingly, I direct the 1st respondent to take fresh decision in the matter of termination of the contract of the petitioner at the petitioner's risk and cost, after affording an opportunity of being heard to the petitioner. This shall be done within a period of one month from the date of receipt of a copy of this judgment. The petitioner shall produce a certified copy of this judgment along with a copy of the writ petition before the Government for compliance. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.17713/08 4