K.P. THOMAS Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner who is a contractor engaged by the State Government, seeking to quash Ext.P17 proceedings, whereby, based on the termination of the contract of the petitioner at the risk and cost, an amount of Rs.30,86,682/- is imposed as damages, and for other consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) In pursuance of the tender notice No.30/2012- 13/HECC issued by the 2nd respondent, petitioner submitted sealed tender for the work "Up-gradation of Coastal Roads in Alappuzha District-Cherukara Kappelapalli-Cherukara Shappu Chira Road" in Neelamperoor Grama Panchayat, and selection notice dated 30.07.2012 was issued to the petitioner. According to the petitioner, immediately before executing the agreement and pursuant to the selection notice dated 30.07.2012, the land owners through whose properties the proposed road was passing, issued Ext.P1 notice to the petitioner, informing that they have not surrendered their properties for the construction of the road and hence, if the petitioner constructs the road through their properties, petitioner would face the legal proceedings. Several other persons including the signatories in Ext.P14 representation have informed the petitioner that they have not surrendered their properties for the construction of the road and hence they would not permit the construction. It was thereupon that petitioner submitted Ext.P2 representation before the 2nd respondent, requesting to exempt him from executing the agreement in pursuance of the selection notice.

(3.) Later, as per Exts.P3 and P4 proceedings, the local people have obstructed the execution of the road, on the ground that, without providing drainage facilities to the road, the construction cannot be carried on. As per Ext.P5 proceedings dated 10.01.2014 of the 2nd respondent, the 3rd respondent was informed that the provisions for drainage would be incorporated in the schedule of the work, after getting the Administrative and Financial Sanction from the Government. Thereafter, as per Ext.P6 resolution dated 14.02.2014, it was resolved by the 3rd respondent in its meeting dated 08.07.2015 to construct the road by excluding the properties of the signatories in Ext.P14 representation.