IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 8235 of 2009(Y) ------------------------- PETITIONER(S): ------------------ P.K.KAMMED KUTTY, PKK CONSTRUCTIONS (ENGINEERS & CONTRACTORS), P.O.KEEZHUPARAMBA, AREACODE-VIA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF WATER RESOURCES, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF INLAND NAVIGATION, INLAND NAVIGATION DIRECTORATE, KALLADA HOUSE, ASHRAMAM P.O., KOLLAM-692 002. 3. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAPPURAM. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, ALONG WITH WPC NO.8245/09, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8235 & 8245 OF 2009 ========================= Dated this the 31st day of March, 2009 J U D G M E N T Petitioners submit that they are contractors who have entered into agreement with the 2nd respondent. According to the petitioners, on account of the delay on the part of the 2nd respondent, work could not be commenced in time. It is stated that in such circumstances they are eligible for the benefit of Ext.P4, the Circular issued by the 1st respondent on 10/10/2008 providing for revision of rates or discharging the contractor without risk and cost. In these writ petitions according to the petitioners, the delay has occurred for reasons attributable to the 2nd respondent and therefore they should be given the benefit of the circular. Urging this claim, petitioner in WP(C) No.8235/09 has filed Ext.P7 and the petitioner in WP(C) No.8245/09 has filed Ext.P8. These representations are pending consideration of the 1st respondent and orders have not been passed. 2. Taking into account the nature of the claim urged in the writ petitions, which is now taken up before the 1st respondent as above, I direct the 1st respondent to consider these WPC 8235 & 8245/09 :2 : representations. This shall be done, as expeditiously as possible at any rate within 3 months of production of a copy of this judgment. It is directed that the petitioners shall produce a copy of this judgment before the 1st respondent along with a copy of these writ petitions. In the meantime, it is directed that any coercive action in so far as the petitioners are concerned shall be kept in abeyance. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp