IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 12826 of 2011(C) -------------------------- PETITIONER: --------------- P.J.JACOB, P.W.D. CONTRACTOR, PEEJAY CONSTRUCTIONS, ALINCHUVADU, VENNALA, EDAPPALLY P.O., ERNAKULAM DISTRICT. BY ADV. MR. BABU JOSEPH KURUVATHAZHA RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF PUBLIC WORKS, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDING ENGINEER, P.W.D. (ROADS & BRIDGES), SOUTH CIRCLE, THIRUVANANTHAPURAM-695 033. 3. THE EXECUTIVE ENGINEER, P.W.D. (ROADS DIVISION), KOTTAYAM-686 001. 4. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. (ROADS SUB DIVISION), VAIKOM-686 141. BY GOVERNMENT PLEADER MR. P. NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No. 12826 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 26th May , 2011 JUDGMENT The petitioner is stated as aggrieved of Ext. P16 order passed by the second respondent, whereby the liability due to non-completion of the contract work has been shifted to the shoulders of the petitioner, forfeiting the security deposit, pursuant to Ext. P15 order of termination issued by the 1st respondent. According to the petitioner it is contrary to the stand taken by the concerned respondent in Ext. P3 statement filed in W.P.(C) No. 31032 of 2009, whereby it was made clear that, the work will be terminated as it is and without any risk and cost on the petitioner. Being aggrieved of the consequential order, i.e. Ext. P16, casting liability upon the petitioner in a unilateral manner, the petitioner has preferred Ext. 17 representation before the first respondent. In spite of preferring Ext. P18 reminder, the same is still to be acted upon, which made the petitioner to approach this Court by filing the present writ petition. 2. Heard the learned Government Pleader as well. 3. Considering the facts circumstances, the first respondent is directed to consider Ext. P17 representation in accordance with law, of W.P. (C) No. 12826 of 2011 : 2 : course with reference to the contents of Ext. P13 and such other materials, if any, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd