IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 17925 of 2010(M) --------------------------------- PETITIONER(S): --------------- K.MADHU, S/O.KRISHNAN NAIR, VYSAKH, T.C.29/1656, PALKULANGARA, THIRUVANANTHAPURAM-8. BY ADV. MR.SABU GEORGE RESPONDENT(S): --------------- CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. MR. P.K. MANOJ KUMAR -SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17925 OF 2010 --------------------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner is a registered contractor under the respondent-Corporation. He was awarded with the work of Resurfacing of Viswanathapuram-Punchakkari Road. According to the practice followed in the Corporation, the bitumen required for the tarring work has to be procured by the contractors if the total quantity required for the work is above 60 barrels. Accordingly, bitumen for the work has to be supplied by the petitioner. 2. It is the case of the petitioner that the rate offered by the respondent is always insufficient to meet the actual market rate and the petitioner, therefore, mentioned in his tender itself that the market rate should be paid for the bitumen required for the work. It is pointed out that the work has been completed . 3. The main relief sought for in the writ petition is for a direction to the respondent to grant the petitioner the purchase cost plus conveyance charges being incurred for direct purchases W.P.(C) No.17925/2010 2 from Ernakulam and the contractors profit as per Kerala Municipality (Execution of Public Works and Purchase of Materials) Rules 1997 for the bitumen purchased by the petitioner for the work in question. Exhibit P11 is the representation filed by the petitioner before the respondent seeking for such benefits. 4. The respondent has filed a counter affidavit wherein it is pointed out that the representation Exhibit P11 is being considered by the Corporation and steps have been taken to pass final orders on that petition. It is submitted that final payment of the bitumen will be made to the petitioner as per Exhibit R1(a) Government Order. In that view of the matter, there will be a direction to the respondent to communicate the final decision to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp