This Writ Petition has been filed seeking for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the proceedings No.C5/2011/2008(5), dated Nil-4-2010 of the respondent and to quash the same and to direct the respondent to permit the Petitioner to continue the works pursuant of the work order, dated Nil-2-2010, passed in Lr.No.A5/2011/2008(5) by the respondent.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The Petitioner participated in the tender for strengthening Uthamarthandam-Midalam Helan Nagar Road at the estimated cost of Rs.17,39,336.50/- ps. Upon acceptance of the tender, a work order was issued to the Petitioner on 3.2.2010. The said work order very clearly states that the Petitioner is to execute the contract in the form prescribed within ten days from the said date i.e., from 3.2.2010. Since the Petitioner did not come forward to execute the contract, for more than 75 days, the respondent cancelled the contract by an order, dated 28.4.2010. The petitioner has challenged the said order in this Writ Petition.
4.The respondent has filed a counter, wherein, he had stated that after cancellation of the work order given to the Petitioner, the work has been entrusted with one P.Gabriel. He had also completed the work. The fact that the Petitioner did not execute the contract, is not disputed by the Petitioner. Hence I do not find any illegality or irregularity in the order of the respondent, dated 28.4.2010 cancelling the work order issued to the Petitioner and forfeiting the EMD. Since the work has been completed through another Contractor, the prayer for mandamus sought for by the Petitioner has also become infructuous. For these reasons, the Writ Petition fails.
5.Accordingly, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are dismissed. No costs.
To The District Collector and Chairman, District Rural Development Agency, Nagercoil, Kanyakumari District..