LAWS(KER)-2020-12-278

GREENWORTH INFRASTRUCTURES PVT.LTD Vs. STATE OF KERALA

Decided On December 01, 2020
Greenworth Infrastructures Pvt.Ltd Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner who is a Contractor, who was awarded the work covered by Ext.P2 agreement executed on 16.10.2016, has filed this writ petition challenging Ext.P18 order.

(2.) Ext.P18 is an order issued by the 1st respondent after the petitioner's contract was terminated at risk and cost. In this order, it is stated that no action is taken for realisation of the amount from the petitioner and therefore steps should be taken for realising the amount due from the petitioner in accordance with the order terminating his contract as well as for cancelling his licence. On the basis of Ext.P18 order, the Construction Corporation issued Ext.P19 order directing the 3rd respondent to take steps for cancellation of the licence and the Superintending Engineer thereafter issued Ext.P20 notice to the petitioner to appear on 18.11.2020 in respect of the same. It is stated that petitioner has appeared before the Superintending Engineer and the matter stands adjourned. Petitioner submits that in view of Ext.P18 order, the 3rd respondent would cancel the licence of the petitioner without following the procedure prescribed for the same, stating that it is issued by the Government who is the appointing authority.

(3.) On the other hand the learned senior Government Pleader, Sri.K.V.Manoj Kumar, submits that direction is only to take steps for cancellation of the licence and that can only be done in accordance with the prescribed procedure.