IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 4862 of 2005(D) ------------------------- PETITIONER(S): --------------- M.C. MATHEW, GOVT.CONTRACTOR, MULLAPPALLIL HOUSE, KUNJITHANNY P.O., IDUKKI DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SMT.A.KUMARI MINI RESPONDENT(S): --------------- 1. KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 2. THE SUPERINTENDING ENGINEER, K.W.A., P.H. CIRCLE, MUVATTUPUZHA. 3. THE EXECUTIVE ENGINEER, K.W.A., P.H. DIVISION, THODUPUZHA. 4. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D. ROADS SUB DIVISION, IDUKKI, PAINAVU, IDUKKI DISTRICT. ADV. SRI.M.DINESH, SC, KWA FOR R1 TO 3 GOVERNMENT PLEADER MR. K.SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C)No.4862 OF 2005 ------------------------------ Dated this the 7th day of July, 2009 J U D G M E N T ---------------------- 1. The challenge in this writ petition is against imposition of fine of Rs.43,333/- as per Ext.P12 order, on the petitioner, who is a contractor, for permitting extension of the period of completion of work undertaken by him, to be executed for the respondents. The imposition of fine is under the provisions contained in Ext.P13 Government Order, through which modifications were effected in the “PWD Code and Manual” governing terms and conditions of tenders and execution of contract works. The challenge against imposition of the fine is mainly on the ground that the same was issued in violation of principles of natural justice without issuing any notice to the petitioner and without hearing him, and further on the ground that there was no adjudication made with respect to the quantum of fine to be imposed. But since the imposition of fine is mandatory in cases where extension is permitted, as per the provisions contained in Ext.P13 Government Order, I find no merit in the contention. The rate of fine to be imposed in such cases also stands specified. Hence there cannot be any dispute in that respect. Hence the writ petition is devoid of any merit and the same is dismissed accordingly. C.K.ABDUL REHIM, JUDGE. okb