LAWS(KER)-2012-12-36

T.ASOKAN Vs. STATE OF KERALA

Decided On December 01, 2012
Sosa Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) MAINLY , this is a case where the petitioner is seeking for a direction to the respondents to relieve him from the execution of the work for not handing over the site within the time stipulated, which has prevented him from executing the work.

(2.) THE contract in question is one concerning the PWD Department for construction of Mambram Bridge across Anjarakandy river in Kannur District. It was awarded as per agreement dated 29.12.2011 (Exhibit P1). Under Clause 22(a) of Exhibit P1 agreement, it is provided that the contractor will take charge of the site within ten days, after executing the agreement and commencing the work. It is finally stated in paragraph No.5 of the Writ Petition that in spite of repeated requests, no site is handed over so far and deposit made by the petitioner is not released. Accordingly, the petitioner is seeking for a direction to the respondents to consider his plea to cancel the contract and release the security deposit and bank guarantee.

(3.) WITH regard to the request of the petitioner to hand over the site, it is stated in paragraph No.3 that the petitioner made a request on 7.1.2012. The Department has taken efforts to get the land in advance possession with the co-operation with local people's committee and the local MLA has approached all the land owners. The land acquisition process is almost completed, the required land was already demarcated and survey stone laid. The available Government land in the site is sufficient enough to proceed with the work by the petitioner, if he is willing, it is stated. With regard to the schedule of rates, it is mentioned that the same is based on 2010 schedule of rates. The learned Government Pleader also submitted that the work is of an urgent nature and therefore it has to be completed.