IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 3236 of 2008(I) ------------------------- PETITIONER: ------------ K. KURIAKOSE, AGED 69 YEARS, S/O. LATE KURIAN KURIAKOSE, CHEMMALAYIL HOUSE, SURABHI ENCLAVE, SAHODARAN AYYAPPAN ROAD, KOCHI-682 016. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, P.W.D. ROADS & BRIDGES, CENTRAL CIRCLE, ALUVA-683 101. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------------- W.P.(C) No.3236 of 2008 ------------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Petitioner submits that he was awarded the work of improvements to Moolamattom-Kottamala road and that a formal agreement was executed on 10.4.2001 in this behalf. It is also stated that another work of construction of Thrissur Link Road connecting NH-17 at Anchalkallu and Thrissur Kuttupuram State Highway at Puzhakkal was also awarded to the petitioner in respect of which agreement dated 19.8.2004 was executed. It is submitted by the petitioner that on account of reasons which are attributable to respondents the works could not be completed. Several representations have been made by the petitioner for payment due and also for revising the rates that were awarded. Finally, the petitioner submitted Exts. P10 and P13 to the second respondent requesting that the contracts be closed without claim for damages on either side and payments be made for the work executed. In this writ petition, what is asked for is to direct the WPC3236/2008 2 second respondent to consider and pass orders on Exts.P10 and P13 representations. 2. I have heard the learned Government Pleader also in the matter. 3. Having regard to the fact that Exts. P10 and P13 representations are pending consideration of the second respondent, I direct that the second respondent shall consider Exts. P10 and P13 and take a final decision in the matter. This shall be done within four weeks of a production of a copy this judgment. I also clarify that in case, considering the relief sought for by the petitioner, it is necessary to refer the matter to any superior authority. It will be open to the 2nd respondent to do that as well. The writ petition is disposed of as directed above. ANTONY DOMINIC, JUDGE csl