IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 14184 of 2011(W) -------------------------- PETITIONER: --------------- PADMAKUMAR, GOVERNMENT CONTRACTOR, NIRMALA CONSTRUCTIONS, ALTHARA, SREEKARIAM P.O., THIRUVANANTHAPURAM. BY ADV. MR. AJITH KRISHNAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, REURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDING ENGINEER, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY CSI BUILDING, PULIMOODU P.O., THIRUVANANTHAPURAM-695 001. 3. PROJECT DIRECTOR, KERALA STATE RURAL ROADS DEVELOPMENT AGENCY CSI BUILDING, PULIMOODU, THIRUVANANTHAPURAM-695 001. 4. THE EXECUTIVE ENGINEER, POVERTY ALLEVIATIN UNIT, DISTRICT PANCHAYATH OFFICE, THIRUVANANTHAPURAM-695 004. BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 14184 OF 2011 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE AGREEMENT NO. 13/SE/CRD/2006-07 DATED 05.01.2007 EXT. P2 : TRUE COPY OF THE SUPPLEMENTAL AGREEMENT EXECU- TED BETWEEN THE PETITIONER AND 2ND RESPONDENT DATED 29.01.2011 EXT.P3 : TRUE COPY OF THE REPRESNTATION SUBMITTED BEFORE THE 2ND RESPONDENT 10.04.2011 /TRUE COPY/ P.A TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14184 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i. Issue a writ of mandamus or writ of similar nature or order or direction directing the respondents to pay balance bill amount of 43 lakhs to the petitioner forthwith. ii. Issue a writ of mandamus or writ of similar nature or order or direction commanding the respondents to extent the time for the completion of work and to revise the contract at enhanced rates for the completion of Kozhinada-Mangalapuram road forthwith. iii. To issue a writ of mandamus commanding the 2nd respondent to consider Ext. P3 and to pay the balance bill amount of Rs. 43 lakhs and to extent the time for completion work by revising the contract at enhanced rates for the work of Kozhinada - Mangalapuram road immediately. iv. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice. 2. Heard the learned Government Pleader as well. 3. It is stated that a statement has been filed by the respondents, pointing out that the land in question could not be handed over to the petitioner for the reasons stated therein, simultaneously adding that, there is no outstanding amount to be paid to the petitioner W.P. (C) No. 14184 of 2011 : 2 : 4. The learned counsel for the petitioner submits that the Ext. P3 representation for revising the estimate is pending consideration before the second respondent and that the same may be directed to be considered within a time frame. In the above circumstances, the writ petition is disposed of directing the second respondent to consider Ext. P3 representation and pass appropriate orders, in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge