IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 17228 of 2008(A) -------------------------- PETITIONER: PETITIONER ------------------------------- M/S. MADATHIL CONSTRUCTIONS, ENGINEERS AND CONTRACTORS, MADATHIL PLAZA, ROOM NO.3, NELLIKAPARAMBA.P.O, VALIYAPARAMBA, MUKKAM, KOZHIKODE, REP. BY ITS MANAGING PARTNER, K.M. ABDUL KAREEM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: RESPONDENTS ------------------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAY, CENTRAL CIRCLE, VYTTILA, KOCHI. 3. THE EXECUTIVE ENGINEER, N.H. DIVISION, KODUNGALLUR, THRISSUR DT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.17228 OF 2008 ---------------------------------------- Dated this the 14th day of July, 2008 JUDGMENT In this writ petition, the petitioner challenges Ext.P8 order, whereby the contract awarded to the petitioner has been terminated and the Government has directed to re-arranged the work with the rider that the loss sustained to the Government due to re-arrangement of the work will be recovered from the petitioner by resort to proceedings under the Revenue Recovery Act. It is also directed therein that the security deposit furnished by the petitioner for the work would be forfeited to the Government. Against the same, the petitioner has filed Ext.P9 representation before the Government. The petitioner seeks a direction to the Government to consider the same. 2. I have heard the learned Government Pleader also. The learned Government Pleader submits that if the petitioner is prepared to continue the work without seeking revision of rates, the 1st respondent is prepared to consider Ext.P9. This condition is agreeable to the petitioner. W.P.(c)No.17228/08 2 Accordingly, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P9 as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. I make it clear that this is subject to the condition that the petitioner is prepared to continue the work without raising any claim for revision of rates. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.17228/08 3