B. Praveen vs State Of Kerala
2022 Latest Caselaw 5946 Ker

                     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

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

APPENDIX OF WP(C) 17186/2022

PETITIONER'S EXHIBITS EXHIBIT-P1 TRUE COPY OF THE LETTER DATED 10.08.2020 ISSUED

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

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