C. Anil Kumar vs State Of Kerala

P.V.Kunhikrishnan, J

The above writ petition is filed with following prayers :

i) “issue a wit of certiorari or any other appropriate writ, order or direction quashing Exts.P8 and P10 order/proceeding issued by the 4th respondent;

ii) issue a wit of mandamus or any other appropriate writ, order or direction commanding the 4th respondent to record the measurements of the entire works executed by the petitioner with notice to the petitioner; to register the bill and to release the admitted bill amount due to the petitioner, including security deposit / performance guarantee furnished at the time of executing the agreement;

iii) issue a wit of mandamus or any other appropriate writ order or direction commanding the 3rd respondent to consider and dispose of Exts.P9 and P11 dispose of Exts.P9 representations, preferred against Exts P8 and P10 order/proceeding of the 4th respondent, with notice to the petitioner and 4th respondent, forthwith

iv) Issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.

v) Dispense with the translation of the documents produced in the vernacular language.” [SIC]

The petitioner is challenging Exts.P8 & P10 by which the agreement with the petitioner is terminated. Aggrieved by the same, the petitioner submitted Ext.P9 before the 3rd respondent. The grievance of the petitioner is that the 3rd respondent has not considered the same. Hence, this writ petition.

Heard the learned counsel for the petitioner and the learned Government Pleader.

After hearing both sides, I think this writ petition can be disposed of directing the 3rd respondent to consider Ext.P9 within a time frame.

Therefore, this writ petition is disposed of with the following directions :

1) The 3rd respondent is directed to consider and pass appropriate orders in Ext.P9 after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

2) Till final orders are passed, no coercive steps shall be taken against the petitioner.

3) All the contentions of the petitioner in this writ petition are left open

4) The petitioner is free to produce a copy of this writ petition also along with a certified copy of this judgment before the 3rd respondent for compliance.