KABEER M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in both the writ petitions is one and the same person-a contractor engaged by the State Public Works Department for the work 'Improvements to Vadakkumbad - Vanchipara - Gopurathildam road between km 0/000 to 3/300 (balance work)', evident from Exhibit P1 selection notice.

(2.) W.P.(C) No. 1323 of 2023 is filed challenging Exhibit P21 order terminating the contract awarded to the petitioner; whereas, W.P.(C) No. 6039 of 2023 is filed challenging Exhibit P24 re-tender notification dtd. 18/2/2023 issued for the aforesaid work. Therefore, I heard them together and proposed to pass this common judgment.

(3.) Brief material facts for the disposal of the writ petition are as follows: The work was originally awarded to one Mr. Faiz M.D, Kasaragod District. However, it was terminated at the risk and cost of the said person, allegedly when the application seeking revision of schedule of work, consequent to the enhancement of the width of the road from 3.5 meters to 5.5 meters, was pending consideration before the Chief Engineer, Public Works Department (Roads), Thiruvananthapuram, respondent No. 2. It was thereafter that a re-tender was invited and the consequent Exhibit P1 selection notice was issued to the petitioner. Pursuant to Exhibit P1 selection notice, petitioner has executed Ext. P2 agreement dtd. 17/5/2022 with the Superintending Engineer, Public Works Department (Roads) North Circle, Kozhikode, respondent No.3, on providing a performance guarantee of Rs.10,72,500.00 and an additional performance guarantee of Rs.37,42,802.00 in accordance with Exhibit P1 selection notice. As per the agreement, the work is to be completed within 8 months, with a guarantee period of 36 months from the date of completion. Apparently, a milestone was also fixed in regard to the rate of progress, that is to say, 25% at the end of the third month; 75% at the end of the 6th month; and 100% at the end of 8th month. The amount of estimate was Rs.4,08,95,611.18.