T.P.ABDUL BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following prayers:

(2.) Heard the learned Senior counsel appearing for the petitioner and the learned Government Pleader for the respondents.

(3.) It is submitted by the learned Senior counsel appearing for the petitioner that the petitioner had been awarded the work of improvement and providing BM & BC to the Payyanur-Annur-Vellur road by Ext.P1 proceedings. It is submitted that when the petitioner attempted to carry out the work, the landowners on either side of the road objected and that injunction orders had been issued by the Munsiff Court as evidenced from Ext.P2 series of suits and Exts.P8 and P9 orders of injunction. It is submitted that though the petitioner had been unable to carry out and complete the work only because of the orders of injunction issued by competent civil courts, the respondents had proceeded to terminate the work at the risk and cost of the petitioner. Ext.P7 order of termination is under challenge in this writ petition on that ground.