P.J. TOMMY Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was granted a maintenance and repairs contract of a vessel named M.V.Gaveshini. Ext.P1 is a copy of the work order. Ext.P2 is the agreement subsequently executed which is dated 12.03.2001.

(2.) AT the stage of certain inter se dispute between the parties, this writ petition was filed by the petitioner and this Court by interim order dated 03.08.2011 passed an order of status quo. Mainly it is a case where the petitioner seeks for a direction to the respondents to consider and pass orders on Ext.P8 representation. The respondents have file a counter affidavit and an application as I.A.No.12442/2012 has been filed to vacate the interim order also.

(3.) IN the affidavit filed along with I.A. No.12442/2012 by the respondents, it is stated that the petitioner was heard in person on 01.09.2011 by the Joint Secretary to Government, Fisheries and Port Department in the presence of Chief Hydrographer, the 3rd respondent. In the meeting it was disclosed that the engine of the vessel is irrecoverably lost and the present condition of the vessel is very bad. Paragraph 2 of the affidavit also states that an expert committee constituted by the Government as per G.O.(Rt) No.370/08/F&PD dated 25.06.2008 submitted a report on 31.03.2009 with a recommendation that the renovation of the vessel is not economical and therefore recommended to scrap the vessel.