The petitioner is challenging recovery proceedings for recovery of arrears due to Kerala Water Authority. I heard counsel for the petitioner and Standing Counsel for Water Authority and have also gone through the W.P. and counter affidavit. The petitioner has also filed a reply affidavit repeating what he has stated in the W.P. The petitioner was awarded a contract on 13.10.2000 for construction of overhead tank, pump house and compound wall. Cement and steel supplied to petitioner by the Water Authority was of the value of Rs.1,21,326/-. Since petitioner refused to execute the work, notice was issued to him by the Water Authority requesting to complete the work. However, petitioner did not send any responsible reply inspite of protracted correspondence which is evident from Ext.R2(b). The petitioner did not take up and complete the work, but obviously misappropriated the goods supplied namely, cement and steel. Accordingly contract was cancelled and work was awarded to another contractor at the risk and cost of the petitioner in terms of the original contract which is produced along with counter affidavit as Ext.R2(a). The
