BABU S. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner, who is a Government Contractor with Class-A grading, is before this Court seeking to direct respondents 1 to 3 to admeasure Ext.P1 work completed by him and to effect payment of amounts for the same and to allow him to participate in the proposed re-tender proceedings.

(2.) The petitioner states that he was the successful bidder and was entrusted with the work of "NABARD assisted Scheme under RIDF - XVIII - improvements and Side Protection Works to Nedinjil Ela Thodu from upstream of KWA Pump House to Vellayani lake in Kalliyoor Panchayat". The petitioner executed Ext.P1 agreement. He deposited Rs. 50,000/- in cash and Rs. 1,00,000/- worth National Savings Certificates as security. Under Ext.P1, the petitioner had to execute 18 items of work, with an estimated cost of Rs. 44,79,163/-.

(3.) Though the petitioner commenced work, after four months, local people under the leadership of Nemom Block Member objected and resisted the work. They demanded realignment of the route. The petitioner was compelled to stop the work immediately. The petitioner informed the issue to respondents 2 and 3 and requested to take necessary remedial action. The petitioner had availed a loan of Rs. 25 lakhs from the 4th respondent, to execute the work. There was a delay in payment of bills for the work executed by the petitioner.