LAWS(MAD)-2009-3-53

M SELVARAJ Vs. SECRETARY MINISTRY OF PETROLEUM

Decided On March 30, 2009
M. SELVARAJ Appellant
V/S
SECRETARY MINISTRY OF PETROLEUM Respondents

JUDGEMENT

(1.) THE writ petition is directed against the order of the second respondent dated 5.6.2007, by which the second respondent, by giving one month's time with effect from 5.6.2007, has terminated the Maintenance and Handling contract awarded to the petitioner at No,40, Salem Main Road Attur-636 102, Salem District, as per Clause 48 of the contract dated 20.12.2003. It is also stated under the impugned order that the contract stands terminated with effect from 4.7.2007.

(2.) IN the letter of the petitioner dated 21.5.2007, the petitioner in uncertain terms has admitted that the contract awarded to him would be expired on 30.6.2007. However, his only request under the said letter dated 21.5.2007 is for extension of contract period for another year. Admittedly, the period of contract has not been extended and in a writ petition challenging the order of termination of contract dated 5.6.2007, this Court cannot grant a direction to the second respondent to extend the period of contract.

(3.) IN view of the clause for arbitration, which is available in the contract, it is not possible for this Court to accept the contention of the learned counsel for the petitioner that the petitioner's term of contract should be directed to be extended for the reason that already interim order has been granted while notice of motion was ordered in this case, by which the petitioner continues to render services.