The prayer in the Original Petition is to quash Ext.P9 revenue recovery notice issued under S.34 of the Revenue Recovery Act and to restrain the second and 3rd respondents, namely, the Deputy Tahsildar and Village Officer from proceeding with the collection of the amount shown in Ext.P9. The amount shown in Ext.P9 is Rs.3,32,550/-, and it is stated as due because of the re-arrangement of the work of construction of causeway at Perumthodu, which the petitioner was bound to execute according to the agreement.

2. The petitioner is a P.W.D. Contractor. Pursuant to the tender notice dated 10-8-1980 issued by the first respondent inviting tenders for execution of the work of causeway Perumthode of the Idamalayar project, the petitioner submitted his tender which was accepted on 16-10-1980. Agreement was executed on 12-11-1980 and in terms of the agreement the work should be completed within 12 months of the date of

handing over the site to the contractor. The rate of progress also is shown in the agreement in default of which a penalty of Rs.50/- per day or I%of the work remained to be done will be imposed. The rate of progress shown is 25% of the work to be completed within 3