IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12663 of 2010(G) -------------------------- PETITIONER(S): --------------- M/S SREENARAYANA CONSTRUCTION PRIVATE LIMITED, OPPOSITE KSRTC BUS STATION, JETTY ROAD, KOLLAM REPRESENTED BY ITS PROJECT ENGINEER. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, INLAND NAVIGATION DIRECTORIATE, KALLADA HOUSE,ASRAMAM P.O., KOLLAM. BY GOVT.PLEADER SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.12663 OF 2010 ----------------------------------------------------- DATED THIS THE 8th DAY OF APRIL, 2010 J U D G M E N T The petitioner executed an agreement with the 2nd respondent on 21.11.2007 for the work of TFC-Development of Inland Waterway-Main Canal from Eravipuram Kayal to Astamudi Kaya, Reach-V from CH.70.12 KM to 71.48 KM. The agreed contract was for Rs.2.097 crores and the work had to be completed within a period of 18 months. Exhibit P1 is the copy of the agreement. 2. The petitioner had executed the work of about 50% of the area which was cleared. But, so far as the remaining area is concerned, because of the physical obstruction by the inhabitants, the work could not be completed. The Government has not taken any action to evict them also. Exhibit P2 is the representation submitted by the petitioner seeking to close the agreement without any risk and cost on either side. It is pointed out that similarly placed six contractors have been benefited by a similar treatment also, and the respondents foreclosed six W.P.(C)No.12663/10 -2- agreements without any risks and costs. 3. There will be a direction to the 2nd respondent to take a decision after considering the requests made in Exhibit P2 and pass appropriate orders within a period of six weeks. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn