D. GIRIJA Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner, a contractor, seeking direction to the respondents to take measurements of the works carried out at site and release the payment within a time frame fixed by this Court, and a further direction to quash Ext.P11 communication dated 17.02.2016, directing the petitioner to start the work within 5 days, failing which, action will be taken to terminate the contract at the risk and cost of the petitioner, and for other related and consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a contractor having 'A' class registration and undertaking works of the Public Works Department. The work relating to "PWD-LAC-2012-13 - Kundara Constituency - Construction of New Building for Government Rest House at Kundara, Kollam District" was awarded to the petitioner by the 4 th respondent i.e., the Superintending Engineer, PWD (Buildings) South Circle, Thiruvananthapuram, on 17.08.2013, and a formal agreement was executed on 29.08.2013 undertaking to complete the work within 9 months from the date of handing over of the site, i.e., 10.06.2014. The agreed value of the contract was Rs.1,26,53,434/-.

(3.) Petitioner has earlier approached this Court by filing W.P.(C) No.9057 of 2015 and has secured Ext.P1 judgment dated 01.04.2015, whereby the respondents were directed to pass orders on Ext.P6 letter therein, dated 13.10.2014, addressed to the 5th respondent, i.e., the Executive Engineer, PWD Buildings Division, Kollam, and to effect the disbursement of the due amount as covered by part bills, at the earliest, and at any rate, within one month from the date of receipt of a copy of the judgment. The said representation is produced as Ext.P2 in this writ petition. However, according to the petitioner, in spite of the directions issued in the judgment, no action was taken to comply with the same, and thereupon, a lawyer notice dated 08.07.2015 was issued seeking to comply with the directions in Ext.P1 judgment and the said communications are produced as Exts.P3 to P5 respectively.