IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(C).No. 10650 of 2011(E) ---------------------------------- PETITIONER(S): -------------------- K.P.CHANDRADASAN, S/O.LATE APPUTTY, AGED 63 YEARS, GOVERNMENT CONTRACTOR, VISWAHINDU BHAVAN, CHALAPPURAM, KOZHIKODE-673 002. BY ADVS. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR SRI.P.P.SURENDRAN RESPONDENT(S): -------------------- 1. NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT, NIT CAMPUS, CALICUT-673 601, REPRESENTED BY ITS DIRECTOR. 2. THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT, NIT CAMPUS, CALICUT-673 601. 3. THE EXECUTIVE ENGINEER, ENGINEERING UNIT, NATIONAL INSTITUTE OF TECHNOLOGY, CALICUT, NIT CAMPUS, CALICUT-673 601. R1 TO R3 BY ADV. SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10650/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PROCEEDINGS DATED 22/04/2010 OF THE 1ST RESPONDENT. P2: COPY OF THE LETTER DATED 29/04/2010 OF THE 3RD RESPONDENT GRANTED TIME EXTENSION TILL 30/06/2010 FOR COMPLETION OF WORK. P3: COPY OF THE PROCEEDING DATED 22/07/2010 OF THE 1ST RESPONDENT. P4: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ON 29/07/2010 INVOKING PENALTY CLAUSE. P5: COPY OF THE 10TH PART BILL OF THE PETITIONER. P6: COPYC OF THE JUDGMENT DATED 04/03/2010 IN WRIT PETITION (C) NO.4039/2011 BEFORE THIS HONOURABLE COURT. P7: COPY OF THE SPECIAL CONDITIONS IN NOTICE INVITING TENDER CARRYING CLAUSE 11. P8: COPY OF THE PETITIONER'S EXPLANATION LETTER DATED 31/12/09. P9: COPY OF THE PETITIONER'S EXPLANATION FOR THE DELAY TO THE 2ND RESPONDENT WITH COPY TO THE 3RD RESPONDENT. P10: COPY OF THE PETITIONER'S LETTER DATED 16/03/2011 TO THE 3RD REPONDENT. P11: COPY OF THE PETITIONER'S AGREEMENT NO.10/2007-2008 DATED 25TH MAY 2007 FOR CONSTRUCTION OF THE CENTRAL LIBRARY BUILDING OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.10650 of 2011 ---------------------------------------- Dated this the 11th day of July, 2011. J U D G M E N T The petitioner challenges the penalty imposed by the 1st respondent. 2. The facts of the case are that the petitioner was awarded a contract for construction of the Central Library building of the 1st respondent. The contract, interalia provided for levy of penalty if the work is remaining incomplete within the permitted period. 3. Admittedly, the work was not completed. Therefore, invoking the power under Clause 11 of the Special Conditions (Ext.P7) penalty was imposed at the rate specified therein. It is this decision of the authorities, which is challenged in this writ petition. 4. Admittedly, the relationship between the parties is contractual. Further the issue involves disputed question of facts and hence, the remedy available to the petitioner is to W.P(C) No.10650 of 2011 2 get the matter adjudicated by filing a civil suit before the appropriate civil court. Therefore, without expressing anything on merits, the writ petition is dismissed. ANTONY DOMINIC ab JUDGE