P V CHERIYACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an 'A' class contractor having Ext. P1 licence which was valid till 31.01.2011. At the time of securing the licence, necessary security / solvency certificate was produced, which was to the tune of Rs. 1 lakh. But, subsequently, the requisite extent has been enhanced to Rs. 3 lakhs w.e.f. 21.12.2010 vide Ext. P2 Government Order.

(2.) The case of the petitioner is that, the petitioner had come to know about Ext. P2 order only on 27.01.2011, when he approached the second respondent for renewing the licence. Immediately, the petitioner preferred Ext. P5 application for getting the solvency certificate worth Rs. 3 lahks and to have renewed Ext. P1 licence. The grievance of the petitioner is that, it is still to be acted upon by the 3rd respondent. Since the licence of the petitioner was to expire on 31.01.2011, there was no other alternative, but to approach this Court by filing the writ petition.

(3.) Heard the learned Government Pleader as well, who submits that Ext. P5 application was preferred only on 27.01.2011, while the writ petition was filed on the next day i.e. 28.01.2001. The respondent herein is stated as in no way liable in this regard. However, taking note of the particular facts and circumstances, the learned Government Pleader, fairly submits that, Ext. P5 application can be considered within a reasonable time.