IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 20806 of 2009(U) -------------------------- PETITIONER: --------------- SABU ABRAHAM, PULIMOOTTIL HOUSE, RANNI P.O. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.M.SUNILKUMAR RESPONDENTS: --------------- 1. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS (NH) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.M.A.ASIF FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.20806 of 2009 ------------------------------------------------ Dated this the 8th day of January, 2010 JUDGMENT The matter relates to cancellation of a work tendered to the petitioner. The work in question relates to painting central line pedestrian crossing etc. using plastic paint in NH 47 from KM 493/800 to 497/000 vide Tender No.56/EE/NHK/2008-2009. The estimated PAC for the work is Rs.5,22,791/-. The petitioner did not start the work because of various reasons and ultimately by Ext.P5, the work was sought to be re-tendered and at this stage the petitioner filed this writ petition. This court passed an interim order on 24/7/2009 staying the further action. 2. First respondent filed a counter affidavit. It is averred in paragraph 8 that the condition of the road became worse and the Superintending Engineer, South Circle, Thiruvananthapuram has initiated for the re-surfacing of the road from Km 489/00 to 502/800 with an estimate PAC of Rs.823.52 lakhs. It is also averred that as such there is no need for arranging this painting work separately at present. In view of the above learned Government Pleader submits that cancellation has to be upheld and the work yet to be done can be re-tendered at a future date W.P.(C)No.20806 of 2009 2 after completion of the work already proposed, namely re- surfacing of the road. In the light of the averments contained in the counter affidavit, no direction to execute the work can be granted. The learned counsel for the petitioner then prayed that the earnest money collected from him may be returned. 3. There will be a direction to return the earned money collected for the tender to the petitioner. First respondent will take steps in this regard. Payment will be made within a period of three months from the date of receipt of a copy of this judgment. T.R.RAMACHANDRAN NAIR, JUDGE skj