BENNY MARKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petition is preferred challenging Ext.P15 demand of fine raised on the basis of audit objection.

(2.) It is the case of the petitioner that he has been awarded with the work of Idamalayar Irrigation Project - LL.C improvements to the inspection road and providing drainage facilities between Ch.2700m to 3663m. The probable amount of contract was Rs.24,70,612.00. As per the selection notice the work had to be completed within six months from the date of handing over the site. The agreement was executed between the petitioner and the 2nd respondent.

(3.) However, it is contended by the petitioner that the site was handed over only on 31/5/2011, just one day before the onset of monsoon. The time for completion of the work was 30/11/2011. The initial level proposed for filling was sanctioned only on 28/10/2011 ie., almost one month prior to the date of completion of the work as per the agreement. The monsoon started from 1/6/2011 and the work was delayed, and the petitioner was constrained to ask for extension since only one month time was left for completion from the date of acknowledgment of handing over the site. Therefore, the petitioner has preferred Ext.P5 application for an extension, wherein the petitioner has assigned specific reasons for the delay occurred from his part. On considering the same, the Superintending Engineer who signed the agreement, after evaluating the circumstances, granted an extension as per Ext.P7 for a further period of four months from 30/11/2011 to 31/3/2012, without imposing any penalty.