IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 28470 of 2010(G) -------------------------- PETITIONER(S): -------------------- V.S.MYTHEEN, MANAGING PARTNER M/S.ROOPAM CONSTRUCTIONS, EDAYAPPURAM ROAD, ASOKAPURAM, ALUVA, ERNAKULAM DISTRICT, PIN-683 101. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): ---------------------- 1. KERALA AQUA VENTURES INTERNATIONAL LTD.(KAVIL), EAST KADUNGALLUR U.C.COLLEGE P.O., ALUVA, ERNAKUAM DISTRICT PIN-683 102, REP.BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA AQUA VENTURES INTERNATIONAL LTD. (KAVIL) EAST KADUNGALLUR, U.C.COLLEGE P.O., ALUVA, ERNAKULAM DISTRICT, PIN-683 102. 3. M/S.KITCO LTD., P.B.NO.1820, RAVIPURAM, M.G.ROAD, KOCHI-16 REP.BY ITS MANAGING DIRECTOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 28470 OF 2010 (G) ===================== Dated this the 15th day of September, 2010 J U D G M E N T Petitioner submits that as per the agreement dated 13/4/2009, construction of six hubs for the purpose of the 1st respondent was awarded to him. It is stated that he has completed the work and the project has also been inaugurated. According to the petitioner, subsequently he has been issued Exts.P7 and P8 requiring him to carry out certain rectification/replacement works. It is stated that though the petitioner was always willing to do the same, by Ext.P10, he was informed by the consultant that the works need be carried out only after the rainy season. Petitioner states that a result of the above, payment of substantial amounts are withheld. It is with this grievance, the writ petition is filed. 2. Petitioner submits that having regard to the fact that it is at the instance of the respondents that the rectification is delayed, the respondent should atleast disburse the amounts after withholding the cost of the rectification work. However, this essentially is a matter for the respondents to consider. It is seen WPC No. 28470/10 :2 : that the petitioner has submitted several representations, the last of which is Ext.P13 before the 1st respondent, requesting for payment. In the circumstances, I direct the 1st respondent to consider Ext.P13 representation, if the same has been received and is pending. This the 1st respondent shall do at any rate within 4 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp