IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23851 of 2011(F) -------------------------- PETITIONER(S): -------------------- ANWAR A.T., BLACK & WHITE CREATIONS, CC 34/1930A, BTS ROAD, EDAPPALLY, KOCHI-692 024. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): ------------------------ 1. THE SOUTHERN RAILWAY, REPRESENTED BY THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL) OFFICE OF THE DIVISIONAL RAILWAY MANAGER COMMERCIAL BRANCH, PALAKKAD-678 002. 2. THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL) OFFICE OF THE DIVISIONAL RAILWAY MANAGER, COMMERCIAL BRANCH, PALAKKAD-678 002. SRI.C.S.DIAS, SC FOR RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.23851/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF COMMUNICATION NO.J/C.PUB/IDDS/CLT/2011 DT 27.5.11 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF COMMUNICATION NO.J/C. PUB PGT 08-SB DT ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF COMMUNICATION EVEN NUMBER DT 18.8.11 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF DO.DO. DO. EXT.P5: COPY of DO.DO. DO. EXT.P6: COPY OF COMMUNICATION REF.20/2011-12 DT 246.6.11 AND SUBMITTED BEFORE THE 2ND RESPONDENT. EXT.P7: COPY OF COMMUNICATION DT 24.8.11 ALONG WITH COPY OF DD FOR RS.4,00,000/- SUBMITTED BEFORE THE 2ND RESPONDENT THROUGH SPECIAL MESSENGER. EXT.P8: COPY of ORDER DT 16.8.11 ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 23851 OF 2011 ===================== Dated this the 5th day of September, 2011 J U D G M E N T Petitioner was awarded Ext.P1 contract for the installation of Dual Display Information System at Kozhikode Railway Station. On the ground that the amounts due were not paid, his contract has now been terminated by Ext.P8. According to the petitioner, part of the amount is already paid and thereafter he made request for adjusting the amounts that are due to be refunded to him. It is stated that, after making such a request, though he expressed his willingness to pay the amounts due, Railways did not accept the offer and instead terminated his contract. It is complaining of the above, the writ petition is filed. 2. However, instructions obtained by the standing counsel shows that there was delay on the part of the petitioner in as much as the entire amount due to the Railways ought to have been paid within 10 days from 12/7/11. Admittedly, petitioner did not comply with this requirement and therefore Railways cannot be faulted for the action they have taken. 3. Inspite of it, respondents submitted that if the WPC No. 23851/11 :2 : petitioner deposits balance amount due in terms of Ext.P1 within three weeks from today, the Railways are willing to recall Ext.P8. 4. I record the submission and direct that, if the petitioner makes payment as above, he shall within 7 days thereafter execute the agreement with the Railways, in which event, he will be permitted to continue the contract awarded by Ext.P1. 5. In so far as the claim of the petitioner for refund of the amount due to him is concerned, it is directed that it will be open to the petitioner to take up his claims to the 2nd respondent, in which event, the claims will be processed, and if any amount is found to be due, that will be adjusted towards his liability for the next year. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp