J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, a registered contractor of Southern Railway, is aggrieved by the non-release of Security Deposit and Earnest Money Deposit despite the foreclosure of contract.

2. The petitioner entered into Ext.P1 agreement dated 30.01.2016 with the respondents for the work “Doubling of Track between Kuruppanthara & Chingavanam - Proposesd soil stabilisation of weak formation between Kuruppanthara & Chingavanam Stations, under Agt. No.02/DCE/ERS/2016 dated 30.01.2016” . Due to want of facilities, the work spilled over the original stipulated period of

10.02.2016. The period was extended up to 31.01.2019.

3. The petitioner states that a meeting was held on

12.10.2018 wherein it was decided that stone columns would be used instead of Prefabricated Vertical Drain (PVD) which was sanctioned in Ext.P1 agreement. It was resolved to treat the petitioner's work of PVD as closed on completion of the work wherever it was ongoing. The petitioner thereafter submitted a new design for vibratory stone column. There was no further intimation from the respondents. The Deputy Chief Engineer, however, issued Ext.P4 notice dated 19.01.2019 alleging the progress in work i