IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38069 of 2010(G) --------------------------------------- PETITIONER: ------------------- M/S. SREE NARAYANA CONSTRUCTIONS (PVT).LTD., SREENIVAS, OPP: K.S.R.T.C. BUS STATION, KOLLAM-691 001, REPRESENTED BY ITS CONSTRUCTION MANAGER, R. PUSHPANGADAN. BY ADVS. SRI.S.SANTHOSH KUMAR, SMT. LISSY JOSE.P. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. KERALA SHIPPING AND INLAND NAVIGATION CORPORATION LTD., 38/924-A, UDAYANAGAR ROAD, GANDHI NAGAR, KOCHI-682 020, REPRESENTED BY ITS MANAGING DIRECTOR-682 020. 3. THE DISTRICT COLLECTOR, ALAPPUZHA PIN-688 001. 4. THE DISTRICT GEOLOGIST, ALAPPUZHA PIN-688 001. 5. PERUMBALAM GRAMA PANCHAYATH, PERUMBALAM, CHERTHALA, REPRESENTED BY ITS SECRETARY-688 570. R1, R3 & R4 BY GOVT. PLEADER SRI. P. NARAYANAN, R2 BY SRI. V.J. MATHEW, S.C, K.S.I.N.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 38069 OF 2010 ===================== Dated this the 22nd day of December, 2010 J U D G M E N T Petitioner submits that the 1st respondent awarded the 2nd respondent the work of deepening the Boat Route channel connecting Panavally Jetty to Mukkam Jetty and Market Jetty at Cherthala and also the work of deepening the Boat basins at Panavally Jetty, Market Jetty, South Paravoor Jetty and Perumchirakari Jetty and Puravayil Jetty of Perumbalam Island in Cherthala. It is stated that the 2nd respondent invited tenders and the petitioner being the successful tenderer was awarded the aforesaid work. Exts.P1 and P2 are the work orders and the agreements, and in terms of which, the petitioner ought to have completed the work before 17/9/2010. 2. However, according to the petitioner, on account of various orders, the last of which is Ext.P10 issued by the District Collector, directing stoppage of the work, he could not continue the work. In these circumstances, petitioner appears to have made Ext.P11 to the 2nd respondent requesting the 2nd respondent to take appropriate action to get Ext.P10 order of the 3rd WPC No. 38069/10 :2 : respondent vacated. There has not been any progress in the matter and therefore the petitioner has approached this Court. 3. Now that the matter is pending before the 3rd respondent, the 3rd respondent necessarily should consider the request of the petitioner for vacating Ext.P10 order. Therefore, I direct that, on the production of a copy of this judgment along with a copy of this writ petition, the 3rd respondent will take appropriate decision on the issue as to whether Ext.P10 order should be continued or not. It is directed that such decision shall be taken as expeditiously as possible with notice to the petitioner, the 2nd respondent and the complainants, if any. Such decision shall be taken at any rate within 4 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp