IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 20734 of 2010(N) -------------------------- PETITIONER: --------------- T.K.GEORGE VAIDYAN, THENGUMVILAYIL HOUSE, MYNAGAPPALLY-THEVALAKARA P.O., KOLLAM. BY ADV. SRI.M.A.FIROZ SRI.GEORGE MECHERIL RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENTS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENTING ENGINEER (ROADS & BRIDGES), SOUTH CIRCLE, THIRUVANANTHAPURAM-01. GOVERNMENT PLEADER SRI.P.NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.20734 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2010 J U D G M E N T The petitioner undertook certain work on behalf of the respondents. Petitioner could not complete the same. Ultimately on representations filed by the petitioner, the work has been terminated without risk and cost on the part of the petitioner. Petitioner's grievance is that, although the same was done as per Ext.P2 dated 13.11.2002, so far closure agreement has not been executed in respect of the work. The petitioner therefore seeks the following reliefs: “a) issue a writ in the nature of certiorari or such other appropriate writ, order or direction calling for the records leading upto the issuance of Exhibit P6 and quash the same. b) Issue a writ in the nature of mandamus or such other appropriate writ order or direction commanding the respondents to implement Exhibit P2 Government order by executing the closure agreement with the petitioner and pay the balance amount without further delay. c) direct the respondents to settle the whole issue in respect of the work improvement to Oachira- ayiramthengu Road from ch:0/00 to 2/200 km agreement No.2E/SESC/2000-01 dated 14.7.2000 and take a final decision in the matter in terms of the judgment order (Exhibit P10) of this Honourable Court.” The learned Government Pleader on instructions W.P.(C)No.20734 of 2010 -2- submits that, there is no impediment for executing the closure agreement and it is only because the petitioner did not turn up for execution of the closure agreement that the same could not be executed. I do not intend to go into that question in so far as it is now admitted that the closure agreement can be executed without further delay. Accordingly I dispose of this writ petition with a direction to the competent among respondents to execute the closure agreement in respect of the petitioner's work as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment. I also record the statement of the Government Pleader that, the Government is entitled to receive amounts from the petitioner which he has already received, without pronouncing upon the same, leaving it to be agitated by the parties appropriately. S. SIRI JAGAN JUDGE shg/