IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 8830 of 2008(A) ------------------------- PETITIONER: -------------- M/S.GLOBAL CONSTRUCTIONS, ARCHITECTS, ENGINEERS & GOVERNMENT CONTRACTORS, USHAS, TC-17/2440(3), JERA-71, JAGATHI, THIRUVANANTHAPURAM-14, REPRESENTED BY THE PARTNER. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT: --------------- KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, CHANDRASEKHARAN NAIR STADIUM, PALAYAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 8830/08 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER NO.KPHCC/49/2006 DATED 14.2.07. EXT.P2 : TRUE COPY OF THE ORDER NO.KPHCC/49/2006 DATED 3.4.07. EXT.P3 : TRUE COPY OF THE REPLY DATED 18.4.07. EXT.P4 : TRUE COPY OF THE ORDER NO.KPHCC/49/2006 DATED 26.11.07. EXT.P5 : TRUE COPY OF THE REPLY DATED 5.12.07 EXT.P6 : TRUE COPY OF THE NOTIFICATION DATED 23.2.08. RESPONDENT'S EXHIBITS: EXT.R1(A) : TRUE COPY OF LETTER NO. NO.KPHCC/49/2006 DATED 22.2.06 EXT.R1(B) : TRUE COPY OF THE LETTER DATED 14.03.06 EXT.R1(C) : TRUE COPY OF THE LETTER DATED 22.5.06 EXT.R1(D) : TRUE COPY OF THE WORK ORDER NO.KPHCC/49/2006 DATED 4.6.06 EXT.R1(E) : TRUE COPY OF THE MEMO NO.KPHCC/49/2006 DATED 7.11.06 EXT.R1(F) : TRUE COPY OF THE MONTHLY PROGRESS REPORT OF THE WORK FOR THE MONTH OF OCTOBER 2006. EXT.R1(G) : TRUE COPY OF THE LETTER DATED 26.12.06 EXT.R1(H) : TRUE COPY OF THE MONTHLY PROGRESS REPORT FOR THE MONTH OF JANUARY 2007. EXT.R1(I) : TRUE COPY OF THE LETTER NO.KPHCC/49/2006 DATED 19.7.07. EXT.R1(J) : TRUE COPY OF THE PROGRESS REPORT FOR THE MONTH OF SEPTEMBER 2007. EXT.R1(K) : TRUE COPY OF THE PROGRESS REPORT FOR THE MONTH OF OCTOBER 2007. EXT.R1(L) : TRUE COPY OF THE ORDER NO.KPHCC/49/2006 DATED 15.4.08. /TRUE COPY/ PA TO JUDGE S. SIRI JAGAN, J. ------------------------------------------------- W.P.(C)No. 8830 OF 2008 ------------------------------------------------- Dated this the 12th day of June, 2009 JUDGMENT Petitioner undertook the work of construction of a two storied administrative block at AR Camp, Nandavanam. Petitioner alleges that subsequently the site was changed to SAP Camp, Peroorkada and the proposal was for a three storied building. Later on an agreement was signed between the petitioner and the respondents for construction by adding an amount of Respect.8,40,000/- to the quoted price. The petitioner could not complete the work within the time allotted. Although extension of time was granted, petitioner could not still complete the same within the extended time also. In the above circumstances, the respondents issued Ext.P6 notification inviting tenders for the balance work. The petitioner has filed this writ petition challenging Ext.P6. 2. Learned counsel for the respondent submits that the work has been awarded pursuant to Ext.P6 notification to somebody else and he has completed almost 90% of the work. That being so, there is no point in now considering the challenge against Ext.P6. WPC : 8830/08 -:2:- Petitioner’s remedy lies in filing suit for damages if he is so entitled to. Therefore, without prejudice to that right, this writ petition is dismissed. In such proceedings it is open to the petitioner to challenge the order cancelling the contract at the risk and costs of the petitioner. S. SIRI JAGAN, JUDGE ttb