IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WA.No. 1162 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.9071/2009 Dated 20/03/2009 .................... APPELLANT/PETITIONER: --------------------------- P.ABDUL RAZAK, AGED 55 YEARS, S/O.P.M. MOIDEENKUTTY HAJI, PULLIYIL MADASSERI HOUSE, P.O.MELMURI, (P.W.D.CONTRACTOR). BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.ABDUL MAJEED.N RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE SUPERINTENDING ENGINEER, MINOR IRRIGATION CIRCLE, KOZHIKODE. 2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT, MALAPPURAM. 3. THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, THIRURANGADI. BY SENIOR GOVERNMENT PLEADER, SMT. K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1162 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the rejection of the writ petition directing the appellant to approach the Civil Court for the relief sought for in the writ petition, the present appeal is filed. 2. The appellant had entered into an agreement with the respondents for the work of improvements to the drainage system in Moraya Kappu in Nannambra Grama Panchayath. As per the agreement, the work should have been completed by 25.02.08. But for the reasons best known the work was done only to the tune of 20%. In the mean while, as it is disclosed from the records, he approached the respondent Engineers to extend the time and same was allowed and he was given time till 31.05.09. But as again he failed to complete the work. After issuing directions and orders to the appellant to complete the work without delay WA No.1162 of 2009 -:2:- and since no progress was made, he was issued with the order, Ext.P13, by the Superintending Engineer, Minor Irrigation Circle, Kozhikode forfeiting the Security Deposit and Retention amount to the Government and to complete the work by re-arrangement through other agencies at the risk and cost of the appellant. Aggrieved by the same, he approached this Court in the aforesaid writ petition and as already noted the learned Single Judge, finding that essentially the dispute is a question of fact and has to be decided by a Civil Court, decline to give any relief. Hence the present appeal. 3. It is to be noted that because of the various circumstances narrated before the Executive Engineer through Ext.P11, the appellant had even requested to relieve him as it would not be possible for him to complete the work. It is also seen that there is some delay on the part of the Superintending Engineer also in taking into consideration the representations made by the appellant for extension of time and ultimately after about six months, extension has been granted. 4. In these circumstances, in our view, instead of WA No.1162 of 2009 -:3:- driving the appellant to Civil Court, it would be just and proper to permit him to approach the Government and get appropriate relief. In this regard the Circular, Ext.P12, issued by the Government itself, indicates that it is open for the Government to consider the problems of the present nature and as such we deem it proper to permit the appellant to approach the Government to seek his appropriate relief. With these observations, the Writ Appeal stands disposed of. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1162 of 2009 -:4:-