IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 37116 of 2010(L) -------------------------------------- PETITIONER(S): ----------------------- S.JAIDEV,CHOICE VISION, POOMADHURA VILAKOM,PACHALLOOR, THIRUVANANTHAPURAM-695027 BY ADVS. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE SMT.K.VIDHYASARASWATHY RESPONDENT(S): -------------------------- 1. THE SOUTHERN RAILWAY,REP.BY THE SENIOR DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, COMMERCIAL BRANCH,THIRUVANANTHAPURAM-695014 2. THE DIVISIONAL RAILWAY MANAGER (COMMERCIAL)SOUTHERN RAILWAY,DIVISIONAL OFFICE THYCAUD, TRIVANDRUM-695014 R1 & R2 BY ADV. SRI.C.S.DIAS,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ================ W.P.(C) NO. 37116 OF 2010 ===================== Dated this the 15th day of December, 2010 J U D G M E N T Petitioner was awarded a contract for the installation and display of LCD screens inside the coaches of train nos.6341 and 6342. Although the period of the 3 year contract expired on 31/10/2010, petitioner states that on account of the default committed by the respondents, he lost more than 420 days of the contract period. For that reason, petitioner made Ext.P5 representation to the 2nd respondent requesting for proportionate extension of the period of contract. This representation is pending and in the meanwhile, he apprehends that respondents will compell him to dismantle the LCD screens that he has already installed. It is with this allegation, the writ petition is filed. 2. Standing counsel appearing for the respondents confirms the pendency of Ext.P5 representation and according to him, 2nd respondent has already called for a report from the Mechanical Engineering Department and that once the report is received, the representation will be considered. 3. Now that the pendency of the claim made by the WPC No. 37116/10 :2 : petitioner by Ext.P5 representation before the 2nd respondent is confirmed, I feel that until orders are passed on the representation, the respondents should not take any coercive action as apprehended by the petitioner. 4. Therefore, I direct that the 2nd respondent will pass orders on Ext.P5 and that until such time, coercive action as mentioned above shall not be initiated. It is further directed that before orders are passed as above, notice will be issued to the petitioner and he will also be given an opportunity to make his representations in the matter. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp