IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 11573 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------ MONSON JOB KALLUKULAM, P.W.D. CONTRACTOR NO.A 219, ENGINEERS & CONTRACTORS, MULAMOOTTIL BUILDINGS, PATHANAMTHITTA. BY ADV.MR.S.SANTHOSH KUMAR RESPONDENT(S): --------------------------- 1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY THE SECRETARY. 2. THE CHIEF ENGINEER, TRANSMISSION SOUTH, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, TRANSMISSION DIVISION, K.S.E.B., ALAPPUZHA-688 007. BY ADV. MT.P.P.THAJUDEEN, SC, K.S.E.B THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.11573/2009 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF SCHEDULE OF WORK EXECUTED BY THE PETITIONER. P2: COPY OF JUDGMENT DTD. 31/1/2006 IN WPC.NO.2818/2006. P3: COPY OF LETTER DTD. 18/08/2006 OF THE 2ND RESPONDENT TO THE PETITIONER. P4: COPY OF PETITION DTD. 10/03/2009 OF THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------------------ W.P.(C).No.11573 of 2009 ------------------------------------ Dated this the 19th day of June, 2009. JUDGMENT The petitioner undertook the work of “filling and levelling the 110 KV Sub Station Site, Edathua with gravelly/red earth” with the Electricity Board, as evidenced by Ext.P1 and agreement was also executed. The work is stated to have been completed satisfactorily on 22.10.2001. Final amounts under the agreement have been paid, after effecting certain recovery. The petitioner then sought for releasing the EMD. The request was directed to be considered by this court as per Ext.P2. The petitioner was then met with Ext.P3, the relevant portion of which reads as follows: “While the top 80 cm is to be filled and compacted with red earth as per specification, only 30 cm of the top layer is filled with red earth and the balance portion is found filled with earth containing W.P.(C).No.11573 of 2009 :: 2 :: while clayey material which can only be treated as ordinary earth. The filled up earth is seen compacted upto 80 cm as in the estimate. The payment given was for doing the work as per the specification. The loss sustained by Board in this respect assessed at Rs.1,22,447/-. Hence you are hereby informed that K.S.E.Board will be recovering the said amount of Rs.1,22,447/- from the security deposit of Rs.1,74,700/- furnished by you for the work.” 2. In effect, on account of Ext.P3, the petitioner has not been released the EMD. The petitioner has submitted Ext.P4 before the Board, in the nature of an appeal against Ext.P3. This writ petition has been filed challenging Ext.P3 and seeking appropriate reliefs in relation to Ext.P4. 3. I heard learned counsel for the petitioner Mr.Santhosh Kumar and learned standing counsel for the Electricity Board. 4. Ext.P3 was not preceded by a notice of hearing. I also take note of the fact that the reason W.P.(C).No.11573 of 2009 :: 3 :: mentioned in Ext.P3 required a physical verification and it is a moot question whether the actual defect noted in the work completed by the petitioner as noted in Ext.P3 can be verified at this distance of time. I do not express any final opinion on this question. The petitioner has filed Ext.P4 before the Board, which shall be treated as an appeal against Ext.P3 and shall be disposed of by a competent authority, after hearing the petitioner. This shall be done within two months from the date of receipt of a copy of this judgment. If the petitioner's contentions are acceptable, the Board shall direct that the EMD be released within the said time frame. If there is any factor which stands in the way, a reasoned order shall be passed by the Board and communicated to the petitioner within the aforesaid time frame. W.P.(C).No.11573 of 2009 :: 4 :: 5. Writ petition is disposed of as above. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//