IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 20088 of 2011(I) ------------------------------------- PETITIONER: ------------------- GEORGE KUROO, CONTRACTOR, EDAMAPADATH HOUSE, PAINGARAPPILLY.P.O, MULANTHURUTHY VIA., ERNAKULAM DISTRICT. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA, SRI.K.I.SAGEER IBRAHIM. RESPONDENTS: ------------------------ 1. THE EXECUTIVE ENGINEER, P.W.D ROADS DIVISION, ERNAKULAM, KOCHI - 682 021. 2. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D ROADS SUB DIVISION, ERNAKULAM, KAKKANAD, KOCHI -682 030. 3. THE ASSISTANT ENGINEER, P.W.D ROADS SECTION, MULANTHURUTHY, ERNAKULAM DISTRICT, PIN - 682 314. R1 TO R3 BY GOVT. PLEADER SMT. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20088/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SELECTION NOTICE BEARING NO. 12-3604/10 DTD. 24/01/2011 ISSUED BY THE R.1. EXT.P.2: COPY OF THE SCHEDULE OF WORK INCORPORATED WITH EXT.P.1. SELECTION NOTICE. EXT.P.3: COPY OF THE REPRESENTATION DTD. 30/04/2011 SUBMITTED BY MR. SAJOL.P.K AND OTHERS BEFORE THE R.1. EXT.P.4: COPY OF THE REPRESENTATION DTD. 14/05/2011 SUBMITTED BY MR. P.K. SAJOL AND ANOTHER BEFORE THE R.1. EXT.P.5: COPY OF THE REPRESENTATION DTD. 03/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE SUPPORTS OF THE ROAD INVOLVED IN EXTS. P1 AND P2, BEFORE THE R1.. EXT.P.7: COPY OF THE REPRESENTATION DTD. 23/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.8: COPY OF THE REPORT NO.M/52/2010 DTD. 02/06/2011 FORWARDED BY THE R.3. TO THE R.1. EXT.P.9: COPY OF THE REPRESENTATION DTD. 15/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 20088 OF 2011 ----------------------------------------------------- Dated this the 25th day of July, 2011 J U D G M E N T Petitioner was awarded a contract work for constructing a road. According to him though substantial part of the work was completed, the work had to be discontinued on the instructions of the respondents and for no fault of his. He thereupon made Ext.P7 representation for discharging him from the contract without any penalty. Orders were not passed on Ext.P7 and thereupon another representation, Ext.P9, was also submitted. These representations are pending before the first respondent and in these circumstances the writ petition is filed with the prayer as follows. “i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to exempt and exonerate the petitioner from the liability to W.P.(C) No. 20088 OF 2011 :2 : execute the balance work involved in Agreement No.148/EE/2010-11 executed with the 1st respondent, and to disburse the admitted bill amount and security deposit forthwith; ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Exts.P7 and P9 representations, forthwith” 2. In the light of the above facts, at this stage what is required is that the first respondent has to take a decision on Exts.P7 and P9 representations and this shall be done as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the Writ Petition before the concerned authority. ANTONY DOMINIC, JUDGE ul/-