JOSHY VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is a A-Class Government Contractor, is before this Court seeking to quash Ext.P17 and to direct the 2nd respondent to refund the security amount deposited by the petitioner in connection with Ext.P1 work, immediately within a time limit, together with interest at the rate of 12% per annum.

(2.) The petitioner states that he is an A-Class Government Contractor. The petitioner was allotted a work by name "Renovation of one pond in each Panchayat-Thrissur District - Karuvannur River basin - Improvements to Thiruvanchirakulam in Avinissery Panchayat". Ext. P1 is the selection notice. As per the tender notice and Ext.P1 selection notice, the petitioner remitted Rs.4,70,000/- as performance guarantee and executed agreement with the 2 nd respondent on 31.03.2015.

(3.) The petitioner completed the scheduled work and additional works, to the satisfaction of the Department. The 2nd respondent issued a Certificate of Experience as per Ext.P4. The 2nd respondent forwarded the revised estimate with recommendation to the Chief Engineer on 02.11.2016. However in spite of expiry of more than two years, the 1 st respondent did not respond. The petitioner therefore filed W.P(C) No.36084/2018 before this Court praying to declare that he is entitled to get the amount spent by him for additional works. This court as per Ext.P5 judgment, directed the 2 nd respondent to consider and pass appropriate orders in the proposal to allow the amount covered by the revised estimate, within a period of two months.