Varuna Engineering Works vs Kerala State Electricity Board

P.V.Kunhikrishnan, J.

The above writ petition is filed with following prayers:

“i. issue a writ of certiorari or other appropriate writ, order or direction to call for the records leading Ext-P18 termination order as well as Ext-P19 auction notice and to quash the same;

ii. issue a writ of mandamus against the respondents directing them to permit the petitioner to complete the work awarded as per Ext-P4 within 8 months period from the date to be directed by this Hon'ble court;

iii. issue a writ of mandamus against the 4 respondent directing him to consider and pass orders on Ext-P21 representation made by the petitioner after affording him an opportunity of hearing within a period to be fixed by this Hon'ble Court.

iv. Dispense with the filing of the translations of the documents produced in vernacular language.

issue such other orders deemed fit in the facts and circumstances of the case including the cost of the petitioner.” (sic)

The petitioner is aggrieved by the termination of tender awarded to the petitioner for the upgradation of 5 km Poopally – Kuttanad portion of Alappuzha -Kuttanad 66KV single circuit feeder to 110KV double circuit under the transmission circle of Alappuzha. According to the petitioner, he was ready and prepared to complete the work within the stipulated period. It is also the case of the petitioner that lapses on the respondents were specifically pointed, but ignoring all such materials, respondents chose to terminate the contract, without affording an opportunity of hearing. Hence, this writ petition.

Heard the counsel for the petitioner, the leaned Senior Counsel Sri.Raju Joseph, instructed by Adv.Joseph Antony C., the Standing Counsel appearing for respondents 1 to 3 and also the Government Pleader appearing for the 4th respondent.

The main grievance of the petitioner against Ext.P20 is that the same is passed without giving an opportunity of hearing to the petitioner. Since the main grievance of the petitioner is that no opportunity of hearing is given to the petitioner before passing Ext.P20, I think the petitioner can be allowed to submit a representation before the 2nd respondent within a short period, so that the same can be considered, after giving an opportunity of hearing to the petitioner, forthwith.

Therefore, this writ petition is disposed of in the following manner:

The petitioner is free to submit a representation narrating his grievance raised in this writ petition before the 2nd respondent, within four days from today.

Once such a representation along with a certified copy of this judgment and a copy of this writ petition is received, the 2nd respondent will consider the same, after giving an opportunity of hearing to the petitioner, and pass appropriate orders in it, prior to 03.07.2023.

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