M/s Crezin Infra LLP vs State Of Kerala

P.V.Kunhikrishnan, J

This writ petition is filed with the following prayers:-

“i. issue a writ of certiorari or any other appropriate writ ,order or direction, quashing the operation and all further proceedings in pursuance to Ext.P11 order issued by the 3rd respondent;

ii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to permit the petitioner to complete the entire work, comprised in Ext.P2 agreement, within the outer limit of 45 clear days, from lifting the ban imposed as per Ext.P11;

iii. issue such other writ, order or direction which may deem fit in the facts and circumstances of the case;

iv. dispense with the translation of the documents produced in the Vernacular Language.” (SIC)

The 3rd respondent issued Ext.P1 letter of acceptance to the petitioner. The petitioner executed Agreement No.SE(K) 42/2022-23 with the 3rd respondent for effecting improvements to Nallur – Perumukham – Ramanattukara Road in Kozhikode District. It is submitted that the Assistant Engineer, PWD, Roads Section, Kozhikode South requested to issue necessary press release to stop the traffic through the road. It is also submitted that the Assistant Engineer, PWD, Roads Section, Kozhikode South submitted Ext.P5 letter stating that the petitioner had duly completed more than 50% of the work. Thereafter, on 23.08.2022, the Assistant Executive Engineer, PWD, Roads Sub Division, Kozhikode issued Tender Notification for Urgent Restoration of the Trenches made by the KSEB through laying cables. On 13.09.2022, Ext.P9 letter of acceptance was issued to the petitioner for the Urgent Restoration of work of Trenches made by the KSEB is the submission. Thereafter, on 13.12.2022, the 4th respondent issued approval for initial level pertaining to the work comprised in Ext.P9 letter of acceptance. It is further submitted that, on 19.07.2023, the work comprised in Ext.P2 agreement was terminated by the 3rd respondent without notice to the petitioner and behind his back, in utter violation of principles of natural justice, without providing an opportunity of being heard to him. Aggrieved by the same, this writ petition is filed. Ext.P11 is the order.

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

The counsel for the petitioner reiterated the contentions raised in this writ petition. The learned Government Pleader seriously objected the submission of the petitioner. The learned Government Pleader takes me through Ext.P11 and submitted that there is notice issued to the petitioner.

This Court considered the contentions of the petitioner and the learned Government Pleader. The main grievance raised by the petitioner is that Ext.P11 is an order passed without giving an opportunity of hearing to the petitioner. I am of the considered opinion that this writ petition need not be retained here because a work itself will be delayed indefinitely. Therefore, there can be a direction to the petitioner to submit a representation narrating his grievance to the 2nd respondent within a short period and there can be a direction to the 2nd respondent to consider the same, after giving an opportunity of hearing to the petitioner. Till then, the coercive steps against the petitioner based on Ext.P11 and also re-tender proceedings shall be deferred.

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

1) The petitioner is free to submit a representation narrating his grievance raised in this writ petition before the 2nd respondent within one week from today.

2) Once such a representation is received, the 2nd respondent will give an opportunity of hearing to the petitioner and pass appropriate orders in it, as expeditiously as possible, at any rate, within one week from the date of receipt of the representation.

3) Till final orders are passed as directed above, if the representation is submitted as directed above, the coercive steps against the petitioner based on Ext.P11 and re-tender proceedings shall be deferred.

4) I make it clear that I have not considered the matter on merit and the 2nd respondent is free to pass appropriate orders in accordance with law.

5) The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance.