P B MANAF Vs. ELOOR MUNICIPALITY

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to set aside Exts.P8 and P9 notice dated 29.05.2015 issued to the petitioner to restart the work within 7 days, and the decision taken by the 1st respondent Municipality dated 13.10.2017, cancelling the tender awarded to the petitioner for the construction of Community Hall within the Municipal limits. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is the awardee of contract dated 17.02012 for construction of a Community Hall at Pathalam, in Eloor, a project of the 1st respondent Municipality. As per Ext.P5 dated 27.09.2013, petitioner made a request for approval of revision in estimated quantity/scope of work which was required owing to huge variations/shortfall in estimated quantity of work as prepared by the respondents. Since a decision of the 1st respondent on Ext.P5 was not forthcoming, petitioner has sent several reminders, including Ext.P6 letter dated 23.02015, requesting the speedy approval of Ext.P5 and also submitting that the petitioner be allowed reasonable revision in rate considering the lapse of time caused solely by the lethargy in Departmental decision making and implementation.

(3.) However, as per Ext.P7 dated 20.05.2015, petitioner was intimated of the decision to approve the revision in estimated quantity alone, without allowing any enhancement of rate. Exts.P8 and P9 were thereafter issued informing the petitioner that the remaining works would be retendered at newest schedule of rates in the Department, and at the risk and cost of the petitioner. It is also the case of the petitioner that, petitioner is ready and willing to complete the remaining works, subject to reasonable revision in rates put forth by the petitioner in Ext.P10. It is also submitted during the course of argument that petitioner is prepared to complete the work in accordance with the rates prevailing during the year 2015.