Petitioner has approached this Court seeking to quash Exts.P10 and P12 and for a declaration that the termination of contract in terms of Ext.P12 is arbitrary and unreasonable and in violation of the general conditions of the contract. Petitioner also seeks for release of certain amounts which he was entitled to get as per the previous work done by him. 2. Apparently, Exts.P10 and P12 has been issued on the allegation that the petitioner did not carry out the works in accordance with the terms of the contract. Since the matter relates to a works contract and the petitioner is bound by the terms of the contract, if the respondent felt that the contract has to be cancelled, it is not open for the petitioner to approach this Court seeking to challenge the said orders in a proceeding under Article 226 of the Constitution of India. The contract in question involves substantial stakes and according to the respondent, the contract is terminated since the petitioner has committed breach W.P.C.No.13562 OF 2014 2 of the contract. If such issues are disputed by the petitioner, his remedy to approach civil court for appropriate reliefs and such questions of fact which are disputed cannot be decided by this Court. Hence the petitioner is not entitled to challenge Exts. P10 and P12 in this Court.
3. As far as other amounts payable to the petitioner is concerned, the learned counsel for respondents has filed statement indicating that amounts actually due as security deposit and also for three other works shall be released taking into consideration the contractual provisions. As far as the security deposit is concerned, it is indicated that releasing of the same is under process, which will be done at the earliest. It is further indicated that the amounts will be paid on completing the rectification of defects as far as 'Vaikom' work is concerned. In respect of 'Thrissur' work, it is stated that the contractor has completed only 25% of the work and therefore contract has been cancelled at the risk and cost of the contractor.
4. Taking on record the aforesaid statement filed by the learned counsel for respondents, no further directions are W.P.C.No.13562 OF 2014 3 required to be passed in the above writ petition and accordingly, the same is disposed of.
Sd/- A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE