V. Khalid, J.

1. The petitioner is a P.W.D. contractor. The 1st respondent, the Executive Engineer, issued a tender notice dated 1st August 1977 inviting tenders in respect of the construction of a permanent building for a school in Cannanore District. Pursuant to this notice the petitioner submitted a tender which was the lowest. This tender though the lowest was not accepted and the petitioner had to reduce it further after negotiations. The petitioner avers that he fell ill and therefore could not take up the work or execute any agreement in respect of the work. The 1st respondent therefore invited fresh tenders to which also the petitioner submitted his tender. Since the petitioner's tender was not the lowest the work was allotted to another contractor.

2. While so, the petitioner received a communication from the 1st respondent stating that the petitioner's liability had been tentatively worked out based on the loss resulting in retender at Rs. 17,773. He was directed to remit the amount in the treasury within 15 days of receipt of the said notice failing which he was threatened with action under the Revenue Recovery Act. This notice is Ext. P1. The petitioner sent his r