SHAJI THOMAS Vs. THE SUPERINTENDING ENGINEER,

JUDGEMENT

(1.) IN this writ petition, Petitioner challenges Exts. P9 and P10.

(2.) BRIEFLY stated facts of the case are that the work of construction of earthern road in the campus of Government Engineering College, Painavu was awarded to the Petitioner. Ext.P1 is the agreement that was entered into between the Petitioner and the first Respondent, which contains the agreement schedule as well. As per Clause 4 of the agreement, the contractor was to have completed the works within six months from the date of handing over of the site. Ext.P2 shows that the site was handed over to the Petitioner on 19 -03 -2010. Relying on Ext.P3, a circular issued by the Chief Engineer on 28 -08 -1978, Petitioner submits that the earth work could not have been started before the initial levels are approved by the competent authority of the department.

(3.) IT is stated that, on receipt of Ext.P5, Petitioner issued Exts.P6 and P7 letters to the Respondents, informing them that on account of delay in taking initial levels, he cannot commence the work. In these letters, Petitioner also stated that, on account of the delay of the Respondents, since work could not be commenced and that, as in the meanwhile the rates were revised, he should not be compelled to execute the work at the agreed rates. Thereafter, he received Ext.P8 letter from the third Respondent, making allegations against him and requesting him to start the work immediately and to complete it at the earliest. He was also informed that, if he fails to start the work soon, that will be considered as a breach of contract and that the work will be terminated at his risk and cost. While so, Respondents 1 and 2 issued Exts.P10 and P9 dated 14 -10 -2010 and 07 -10 -2010 respectively, directing the Petitioner to commence the work immediately and informing him that, in case of his failure, steps will be taken for re -tendering the work at his risk and cost. It is on receipt of Exts.P9 and P10, the Petitioner has filed this writ petition.