JOHN MATHAI S/O MATHAI Vs. STATE OF KERALA REPRESENTED BY SECRETARY INDUSTRIES SECRETARIATE TRIVANDRUM

JUDGEMENT

(1.) THE petitioner entered into a contract with the 3rd respondent-company for manufacturing pre-stressed concrete polls as per the requirements of the Kerala State Electricity Board. According to the petitioner, during the progress of the work, the petitioner had submitted part bills. But the amounts due under the part bills were not fully paid, but only a portion of the amounts covered by the part bills were released to the petitioner. THE petitioner alleges that the 3rd respondent took the stand that the 3rd respondent does not have sufficient funds to pay the full amount of the part bills. As a result, the petitioner would contend that, the petitioner was unable to continue the work. Although the petitioner's bills were approved, the amounts covered by the bills were not paid also. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:

(2.) RESPONDENTS 2 and 3 have filed a counter affidavit taking the stand that the contract between the petitioner and the 3rd respondent was terminated for breach of contract by the petitioner and therefore the petitioner is not entitled to payment of the bill amounts. But, the learned counsel for the petitioner points out that no documents have been produced along with the counter affidavit to prove that the contract was terminated with notice to the petitioner.

(3.) IN the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P8 in the light of the observations made in this judgment, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner.