IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 20759 of 2009(L) -------------------------- PETITIONER(S): --------------- GEORGE MATHEW, GOVT.CONTRACTOR, MARUTHANAMKUZHY, POOKKOTTUMANNA P.O., CHUNGATHARA-VIA, NILAMBUR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPT.OF AGRICULTURE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. KERALA LAND DEVELOPMENT CORPORATION LTD. REP.BY ITS MANAGING DIRECTOR, NEAR RAMANILAYAM, PALACE ROAD, THRISSUR. 3. THE CONSTRUCTION ENGINEER, KERALA LAND DEVELOPMENT CORPORATION LTD., NEAR CHANDANAKKAVU TEMPLE, ALAPPUZHA. 4. THE PROJECT ENGINEER, KERALA LAND DEVELOPMENT CORPORATION, FIRE STATION ROAD, MANNAM P.O., NORTH PARAVUR, ERNAKULAM DISTRICT. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20759/2009 -------------------- Dated this the 27th day of July, 2009 JUDGMENT Petitioner entered into an agreement with the 2nd respondent for a work connected with the 'Pokali Land Development (flood protection) Project Part-II'. Petitioner submits that his bid was the lowest tender, therefore, the same was accepted and the time fixed for completion of the work was specified as 12 months. Petitioner has entered into nine different agreements concerning similar works as evidenced by Exts.P2 to P10. According to the petitioner, he has not been able to complete the work during the specified time because from August to October, there will be paddy cultivation in the padasekharam and from November to April, the padasekharam will be utilised for hatchery (chemmeenkettu). This therefore, has resulted in a situation where the petitioner has not been given sufficient time and opportunity to carry out the R.R.masonry works. Petitioner contends that the said work alone remains to be completed. In the meanwhile, petitioner was served with Exts.P13 to P15(a) requiring the petitioner to W.P.(C).20759/2009 2 commence the R.R. masonry work within three days from the date of receipt of the directions. Petitioner has then submitted Ext.P16 inter alia to relieve him from the liability of executing the R.R.masonry work. This remains to be considered by the 2nd respondent. 2. I heard learned Standing Counsel for the 2nd respondent also. Petitioner's request as contained in Ext.P16 shall be looked into and a decision taken after hearing him also, within three weeks from the date of receipt of a copy of this judgment. In the meanwhile coercive proceedings pursuant to Exts.P13 to P15(a) shall be kept in abeyance till a decision is taken on Ext.P16. Writ petition is disposed of as above. V.GIRI, Judge mrcs