IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 7177 of 2011(V) -------------------------------------- PETITIONER(S): ----------------------- ABDUL SAMAD, VALLIVILAYIL HOUSE, PORUVAZHI P.O., KOLLAM DISTRICT BY ADV. SRI.N.VIMALAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM-13 2. THE TAHSILDAR (RR) TALUK OFFICE, KUNNATHOOR, KOLLAM DISTRICT, 691 001. 3. VILLAGE OFFICER, PORUVAZHI VILLAGE, PORUVAZHI P.O., KOLLAM DISTRICT, 690 520. 4. DEPUTY CHIEF ENGINEER (IRRIGATION) IRRIGATION DEPARTMENT, GOVT. OF KERALA THIRUVANANTHAPURAM-695 001. R1 TO R4 BY GOVT. PLEADER MR.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 7177 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE DEMAND NOTICE DATED 01/12/1995. EXT.P2: COPY OF THE REPRESENTATION DATED 24/02/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs S.SIRI JAGAN, J. ================== W.P.(C).No. 7177 of 2011 ================== Dated this the 8th day of July, 2011 J U D G M E N T The petitioner is a Government contractor, who undertook the work of reformation of sea wall on the rear side of Subramanya Swami Temple at Alappad in Karunagappally. The petitioner did not complete the work. According to the petitioner, he completed 80 per cent of the work. The Irrigation authorities invited fresh tenders and got the work completed by another contractor. Thereafter, the authorities initiated proceedings for recovery of an amount of ` 6,53,553/- from the petitioner being the loss caused to the Government on account of his breach of contract, in respect of which, Ext.P1 notice dated 1.12.1995 has been issued to the petitioner. The petitioner challenges the same. According to the petitioner, he has never received the said notice and he became aware of the same when his father's properties were sought to be proceeded against for recovery of the same. The petitioner has filed Ext.P2 representation in this regard before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P2 expeditiously. 2. I have heard the learned Government Pleader also. He opposes the prayers with the help of a counter affidavit filed by the 4th w.p.c.7177/11 2 respondent. In view of the long delay in approaching this Court, I put it to the learned counsel for the petitioner as to whether the petitioner is willing to pay some amount out of the amounts demanded to prove his bonafides. The counsel submits that the petitioner is prepared to pay ` 1.5 lakhs within one month. In the above circumstances, this writ petition is disposed of with the following directions: If the petitioner pays ` 1.5 lakhs within one month from today, the Secretary, Water Resources Department, Government of Kerala, shall consider and pass orders on Ext.P2, as expeditiously as possible, at any rate, within a further period of one month. This benefit would not be available to the petitioner if the petitioner does not pay ` 1.5 lakhs as promised within the time stipulated. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge