A contractor challenged the Municipality for non-payment and retendering of work. The Court adjourned the matter, directing the Municipality to first summon the petitioner and complete the breach-of-contract inquiry before deciding the writ petitions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
FRIDAY, THE 20TH DAY OF JULY 2012/29TH ASHADHA 1934
WP(C).No. 11988 of 2012 (W)
PETITIONER:
T.V. MATHEW, AGED 58 YEARS S/O.MATHAI VARGHESE, CHEMPAKATHINAL HOUSE MANNANKARACHIRA, THIRUVALLA.
BY ADV. SRI.MVS.NAMBOOTHIRY
RESPONDENT:
THE THIRUVALLA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, THIRUVALLA - 689 101.
BY ADV. SRI.S.SUBHASH CHAND, SC.THIRUVALLA MUNCIPALITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALY HEARD ON 20-07-2012, ALONG WITH WPC 15618/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BP
WP(C).No. 11988 of 2012 (W)
APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P-1 | TRUE COPY OF THE SELECTION NOTICE ISSUED TO THE PETITIONER BY THE RESPONDENT. |
|---|---|
| EXT.P-2 | TRUE COPY OF THE AGREEMENT BETWEEN THE RESPONDENT MUNICIPALITY WITH THE PETITIONER. |
| EXT.P-3 | TRUE COPY OF THE REPRESENTATION DATED 25.3.2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. |
| EXT.P-4 | TRUE COPY OF THE REPRESENTATION DATED 3.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. |
| EXT.P-5 | TRUE COPY OF THE REPRESENTATION DATED 19.7.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. |
| EXT.P-6 | TRUE COPY OF THE REPRESENTATION DATED 29.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. |
| EXT.P-7 | TRUE COPY OF THE NOTICE DATED 26.5.2009 ISSUED TO THE PETITIONER BY THE RESPONDENT MUNICIPALITY. |
| EXT.P-8 | TRUE COPY OF THE NOTICE DATED 4.7.2011 ISSUED TO THE PETITIONER BY THE RESPONDENT MUNICIPALITY. |
| EXT.P-9 | TRUE COPY OF THE RESOLUTION NO.PW2/12354/2006 DATED 15.11.2011 PASSED BY THE RESPONDENT MUNICIPALITY. |
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
ANTONY DOMINIC, J. ================ W.P.(C) Nos. 11988 & 15618 OF 2012
==========================
Dated this the 20th day of July, 2012
J U D G M E N T
Petitioner is a contractor appointed by the respondent Municipality for certain civil works. According to the petitioner, the work could not be completed on account of the failure of the Municipality in honouring its obligations. Therefore, these writ petitions have been filed by him seeking a direction to the Municipality to settle the dues as also to declare that the work cannot be retendered at his risk and costs.
WPC.Nos.11988 & 15618/12
:2 :
In that view of the matter, I dispose of these writ petitions leaving it open to the Secretary to issue notice to the petitioner, hear him and to finalise the proceedings pursuant to Exts.P8 and P3 mentioned above. This shall be done as expeditiously as possible.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether the writ petition seeking directions to settle dues and prohibit retendering can be granted in the absence of an inquiry into breach of contract.
T.V. MATHEW
THE THIRUVALLA MUNICIPALITY
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
