IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11810 of 2007(E) -------------------------- PETITIONER(S): --------------- PRADEEP KUMAR, KWA LICENCE NO. CLASS "A", 2/SE/PHCK/04-05, SANTHABHAVAN, KOTTAYAM-686 002. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, P.H.DIVISION, THIRUVALLA. 3. THE SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY, P.H.CIRCLE, KOTTAYAM. ADV. SRI.M.DINESH, SC, KWA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.11810 of 2007 Appendix Ext.P1: true copy of letter dated 11.2.2004 sent by the petitioner. Ext.P2: True copy of letter dated 2.5.2004 sent by the petitioner to R3. Ext.P3: True copy of letter dated 2.8.2006 by the petitioner to R2. Ext.P4: True copy of letter dated 31.9.2006 by the petitioner to R1. Ext.P5: true copy of letter dated 24.1.2007 by the petitioner to R2. Ext.P6: true copy of purchase bill dated 24.1.2004 issued to the Santha Trading Company, Kottayam. Ext.P7: true copy of purchase bill dated 24.1.2004 issued to the Santha trading Company,Kottayam Ext.P8: true copy of letter dated 26.1.2004 sent by the Santha Trading Company Kottayam to the Petitioner. Ext.P9: true copy of order No.PHCK A2.2973/2002 dated 11.1.2008 issued by R3. //TRUE COPY// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No.11810 of 2007 ---------------------------------------- Dated this the 3rd day of April, 2009 JUDGMENT The petitioner was awarded the works for the augmentation of water supply scheme to the Malappally Grama Panchayath . The prayer in this writ petition is for a Writ of Mandamus commanding the respondents to disburse to the petitioner Rs. 2,77,922/- being the security deposit and the amount retained by the Public Works Department illegally with interest and to quash Ext.P9 order passed by the Superintending Engineer . 2. It is alleged in the writ petition that the petitioner has completed 80 % of the work before December 2003 and could not complete the entire work due to the non- availability of sanction from the P.W.D for road cutting for laying cast iron pipes. According to him the same is one of the reason for not completing the work within the stipulated period. 3. The learned counsel for the respondents opposed the prayer. In the counter- affidavit it is alleged that the sanction of PWD is not at all required for supplying the pipe and hence the argument of the petitioner is a lame excuse, that the petitioner's claim that the PWD sanction was not issued in time is not correct since he had failed to supply the pipe in full quantity in time and is a clear violation of the agreement. 4. By Ext.P9 proceedings dated 31.12.2007 the Superintending Engineer informed the petitioner that there is breach in the terms of W.P.(C) No. 11810 of 2007 -2- contract by the petitioner that based on the direction of the Managing Director, Kerala Water Authority, Thiruvananthapuram and recommendation of the Executive Engineer, P.H.Division Thiruvalla, the original work entrusted with the petitioner is terminated and decided to rearrange the balance work at the risk and cost of the petitioner. 5. The questions regarding commission of breach of the terms of the contract, the reimbursement of the security deposit and retention money are to be agitated before a Civil Court by adducing oral and documentary evidence. This Court under Article 226 of the Constitution of India is not in a position to grant any reliefs to the petitioner. This writ petition is disposed of with liberty to the parties to agitate the above said questions before a Civil Court. The operation of Ext.P9 order passed by the Superintending Engineer shall be kept in abeyance till a decision is rendered by the Civil Court if a suit is filed in this regard either by the petitioner or by the respondents. (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- W.P.(C) No.11810 of 2007 ---------------------------- JUDGMENT 3rd April , 2009