GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IT is the case of the petitioner that he is a contractor who had entered into agreement as per Ext.Nos.P1 and P2 with the third respondent, Divisional Forest Officer, Palakkad for felling and transporting of timber from the Forest Department Teak plantation and that the agreements were for a period of three months from 14.6.2013. The agreement period was extended as per Ext. Nos.P4 and P5 orders from 14.6.2013 to 13.10.2013 and it was further extended from 14.10.2013 to 12.12.2013 under the orders of the 2nd respondent Additional Chief Conservator of Forests, as per condition No.14 of Exts.P1 and P2 agreements. It is the case of the petitioner that due to climatic problems and disputes with regard to loading and unloading, he could not complete the work within the time stipulated and that therefore by Ext.P5 order, the 2nd respondent granted extension from 13.12.2013 to 10.3.2014. Since there were labour problems, he submitted Ext.P6 complaint on 22.2.2014 requesting to grant protection for loading and unloading, it is averred. Since the work could not be completed with the above said extended time limit, Ext.Nos.P7 and P8 applications for extension of period was filed before the first respondent Government of Kerala. Due to the expiry of the extended period of contract agreement on 10.3.2014, the petitioner has approached this court with the following reliefs:

(2.) THE third respondent, Divisional Forest Officer has filed a statement dated 31.3.2014, in which it is stated in paragraph Nos.11 to 14 thereof as follows: 11. It is submitted that on expiry of the contract period, the above two plantations were resumed to the Department by drawing mahazar dated 11.3.2014. The contractor had to fell balance 926 trees in 1949 Teak plantation 1180 trees in 1950 Teak Plantation. He had also to transport the balance quantity of felled timber and Fire wood / Billet to the Timber Depot/dumping depot.

(3.) HEARD Sri. K. Mohanakannan, learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.