JAMES JOSEPH Vs. FOOD CORPORATION

JUDGEMENT

(1.) Judgment of the Court was delivered by Balakrishna Menon, J. - This writ appeal is against the decision of a learned Single Judge of this Court in O.P. No. 11015 of 1983-N dismissing the writ petition on the ground that the remedy under Art.226 of the Constitution is not available against the termination of a contract and the alleged breach of its terms and conditions.

(2.) The 1st respondent the Food Corporation of India, Trivandrum, invited tenders for transporting, clearing, forwarding and handling of food grains and other commodities arriving at the Cochin Port by Sea and in the Harbour Terminus by Rail. The tender submitted by the petitioner being the lowest was accepted by the 1st respondent Corporation as per its telegram, dated 13th December 1983 produced along with the counter affidavit as Ext. R-1(a) Ext. R-1(a) shows that the petitioner's tender was accepted and the contract was awarded to him for a period of two years with effect from 14th December 1983. The telegram required the petitioner to commence the work forthwith.

(3.) Clause.10 of the tender notification extracted at page 2 of the writ appeal is as follows: