IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17186 OF 2022
PETITIONER:
B. PRAVEEN
AGED 49 YEARS
S/O K. BALACHANDRAN, AGED 49 YEARS
ANJANEYAM,
PAZHAYAR,
EAST KALLADA P.O.,
KOLLAM, PIN - 691502
BY ADVS.
N.ANAND
RAJESH O.N.
RESPONDENTS:
1 STATE OF KERALA
PUBLIC WORKS DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM-
REPRESENTED BY ITS SECRETARY, PIN - 695001
2 THE CHIEF ENGINEER (ROADS)
PUBLIC WORKS DEPARTMENT,
PUBLIC WORKS DEPARTMENT (ROADS) DIVISION
PUBLIC OFFICE COMPLEX, MUSEUM P.O,
THIRUVANANTHAPURAM, PIN - 695033
3 THE EXECUTIVE ENGINEER
OFFICE OF THE EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT (ROADS) DIVISION,
NEAR BENZIGER HOSPITAL,
KOLLAM, PIN - 691001
BY ADV. SRI. P.S. APPU, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17186 OF 2022
2
JUDGMENT
Dated this the 31st day of May, 2022 The petitioner was awarded with the construction of a new culvert and drain on Chirattakonam-Panaveli road. The agreement was executed on 11.09.2020, as per which the work had to be completed in three months. According to the petitioner, he was unable to complete the works within the time limit for reasons like heavy and incessant rains and an accident and consequential hospitalisation. Pointing out these aspects and seeking extension of time for completion of the work, the petitioner has submitted Ext.P5 representation.
2. Learned Counsel for the petitioner submitted that the competent authority may be directed to consider Ext.P5 representation immediately, since there is a threat of the contract being terminated at the risk and cost of the petitioner.
3. Learned Government Pleader submitted that WP(C) NO. 17186 OF 2022 3 the justifications put forth by the petitioner cannot be accepted, since the delay in completing the work is affecting residents of that area. At the most, the petitioner's representation can be considered, but there cannot be any interdiction against re-tendering the work.
In view of the limited relief sought, the writ petition is disposed of directing the 3 rd respondent to consider Ext.P5 representation and to pass appropriate orders thereon, as expeditiously as possible, keeping in mind the apprehension expressed by the petitioner, of the work being re-tendered. To effectuate proper consideration of the representation, the petitioner shall make available a copy of the writ petition along with certified copy of the judgment.
Sd/-
V.G.ARUN JUDGE NB/31-5 WP(C) NO. 17186 OF 2022 4 APPENDIX OF WP(C) 17186/2022 PETITIONER'S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE LETTER DATED 10.08.2020 ISSUED BY RESPONDENT NO. 3 EXHIBIT-P2 TRUE COPY OF THE COMMUNICATION DATED 01.01.2022 ISSUED BY RESPONDENT NO. 3 TO THE PETITIONER EXHIBIT-P3 TRUE COPY OF THE COMMUNICATION DATED 09.05.2022 ISSUED BY RESPONDENT NO. 3 TO THE PETITIONER EXHIBIT-P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 01.05.2022 ISSUED BY M/S HARISREE HOSPITAL EXHIBIT-P5 TRUE COPY OF THE COMMUNICATION DATED 16.05.2022 ISSUED BY PETITIONER TO RESPONDENT NO. 3 EXHIBIT-P6 TRUE COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING SERVICE OF EXT.P5 ON THE 3RD RESPONDENT RESPONDENTS EXHIBITS: NIL TRUE COPY P.A. TO JUDGE