IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 27037 of 2010(D) -------------------------- PETITIONER(S): ---------------------- K.K.KUNHI, S/O. SYED SHEIK KOYA, KUNHALEKKAL HOUSE, AMINI ISLANDS, UNION TERRITORY OF LAKSHADWEEP. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ------------------------ 1. THE UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY ITS ADMINISTRATOR, KAVARATHY ISLANDS, KAVARATHY, U.T. OF LAKSHADWEEP. PIN-682555. 2. THE SECRETARY TO THE ADMINISTRATION, DEPARTMENT OF WORKS, U.T. OF LAKSHADWEEP, KAVARATHY ISLANDS KAVARATHY-682555. 3. THE SUPERINTENDING ENGINEER, L.P.W.D., KAVARATHY ISLANDS, U.T. OF LAKSHADWEEP. PIN-682555. 4. N.NANDAKUMARAN, THE EXECUTIVE, ENGINEER(L.P.W.D.) AMINI DIVISION, AMINI ISLANDS, U.T. OF LAKSHADWEEP. PIN-682555. ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1 & 3 SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27037/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE INTERIM ORDER DT 19.2.10 INWPC NO.5439/2010OF THIS HON'BLE COURT. EXT.P2: TRUE COPY OF THE INTERIM ORDER DT 3.3.2010 IN WPC NO.6738/2010 OF THIS HON'BLE COURT. EXT.P3: TRUE COPY OF THE INTERIM ORDER DT 1.3.2010 IN WPC NO.6406/2010 OF THIS HON'BLE COURT. EXT.P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT 10.4.2010 TO THE ADMINISTRATOR, U.T. OF LAKSHADWEEP. EXT.P5: TRUE COPY OF THE NOTICE DT 30.6.2010 ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT AS NO.F.NO.05/15/2008-AB-5/746. EXT.P6: TRUE COPY OF THE REPLY GIVEN BY THE PETITIONER DT 6.7.2010 TO THE 4TH RESPONDENT. EXT.P7: TRUE COPY OF THE JUDGMENT DATED 30.7.10 OF THIS HON'BLE COURT IN WPC NO.23933/2010. EXT.P8: TRUE COPY OF THE COVERING LETTER SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT ON 9.8.2010. EXT.P9: TRUE COPY OF THE ORDER DATED 13.8.10 PASSED BY THE 4TH RESPONDENT AS ORDER NO.F.NO.05/15/2008-AB5/976. EXT.P10: TRUE COPY OF THE ACKNOWLEDGEMENT DT 9.8.10 SIGNED by the SUPERINTEDENT, OFFICE OF THE EXECUTIVE ENGINEER, AMINI. EXTS. OF R1 EXT.R1(a): TRUE COPY OF THE MINUTES OF THE MEETING HELD IN THE CHAMBER OF THE ADMINISTRATOR WITH THE OFFICERS OF THE ELECTRICITY DEPARTMENT, THE NTPC AND THE PWD. EXT.R1(b): A TRUE COPY OF THE INSTRUCTIONS ISSUED THE SUPERINTENDING ENGINEER AND NOTICES ISSUED TO THE CONTRACTOR BY THE ASSISTANT ENGINEER, LPWD, CHETLAT. EXT.R1(c): TRUE COPY OF THE INSTRUCTIONS FROM THESUPERINTENDING ENGINEER KAVARATTI TO THE E.E. AMINI RELATING TO THE CONSTRUCTION of POWER HOUSE AT CHETLAT. WPC NO.27037/10 -2- EXT.R1(d) & R1(e): A TRUE COPY FOT HE MESSAGE from the ASST.ENGINEER CHETLAT INTIMATING THE ACTUAL POSTIION of the CONTRACTOR AND HIS WORKS TO THE EXE. ENGINEER LPWD, AMINI AND SUPERNTENDING ENGINEER, LPWD, KAVARATTI.. EXT.R1(f): TRUE COPY OF THE RELEVANT PROVISIONS OF THE CPWD MANUAL. EXT.R1(g): A TRUE COPY OF THE LETTER NO.18/15/2009-GENL.VI DATED 25.8.10 RECEIVED ON 31.8.2010. EXT.R1(h) & (i): TRUE COPY OF THE JDUGMENT DT 30.7.10 RECEIVED IN THE OFFICE OF THE 4TH RESPODNENT FROM THE OFFICE OF THE 3RD RESPONDENT BY MEANS OF FAX AND A TRUE COPY OFHTE RELEVANT EXTRACT OF THE REGISTER. EXT.R1(j): A TRUE COPY OF THE MESSAGE FROM AE PWD, CHETLAT. EXT.R1(k): A TRUE COPY OF THE MINUTES OF THE MEETING. EXT.R1(l): A TRUE COPY OF THE SECTION 29 OF CPWD WORKS MANUAL 2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 27037 OF 2010 ===================== Dated this the 16th day of November, 2011 J U D G M E N T Petitioner was awarded the work of construction of a Power House at the Chetlat Islands. According to the petitioner, for reasons beyond his control, he could not complete the work. However, according to the petitioner, without cancelling the work order, the work was attempted to be awarded to some other person. It was at that stage, the writ petition was filed and by an interim order passed by this Court on 31/8/10, the respondent was prohibited from entrusting the work in question to anybody else. 2. Now the parties have arrived at a settlement and it is agreed by both sides that the work executed by the petitioner will be jointly measured and that the amount due to the petitioner will be paid by the 3rd respondent within 30 days of the joint measurement. In the light of the settlement thus arrived at, the writ petition is disposed of leaving it open to the parties to conduct joint measurement as above and to pay the amount due to the WPC No. 27037/10 :2 : petitioner within 30 days thereafter. It is made clear that once the joint measurement is completed, it will be open to the respondents to take steps for getting the work completed. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge