JUDGMENT

Dated this the 20th day of January, 2022 The petitioner is a Contractor who undertook the work “Construction of new A site RO at Thiruvali Village, Nilambur to Wandoor, Malappuram District under Kozhikode DO”. The `

value of the work order was 1,40,85,920/-. There was a delay of 123 days in completing the work due to Covid-19 pandemic and lockdown restrictions.

2. The Petitioner’s grievance is that the 1st respondent has illegally deducted 9% of the contract amount, which comes `

to 12,74,945/- from the bill amount payable to the petitioner, alleging delay of 123 days from 30.04.2020 to 31.08.2020. The petitioner has filed Ext.P11 representation before the 2nd respondent on 17.09.2021 explaining the reasons for the delay and requesting to refund the deducted Liquidated Damages.

3. When this writ petition came up for hearing today, the learned Standing Counsel for the respondents submitted that the respondents will constitute a two member Committee to consider the grievance of the petitioner raised in Ext.P11 and will take a decision thereon.

4. In view of the said submission, the writ petition is disposed of, directing the competent authority under the 1st respondent to consider Ext.P11 representation in accordance with their procedure and take a final decision thereon, within a period of three weeks.

sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 1664/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF ACCEPTANCE DATED 16.12.2019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE LETTER DATED 24.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE

3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE LETTER DATED 21.7.2020 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 6.5.2021 SUBMITTED BY THE PETITIONER BEFORE THE

3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE DETAILED MEASUREMENT SHEET SIGNED BY THE

3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE HINDRANCE STATEMENT APPROVED BY THE ENGINEER UNDER THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE PRESS RELEASE BY PRESS TRUST OF INDIA DATED 13.5.2020.

Exhibit P8 TRUE COPY OF THE LETTER DATED 3.6.2020 ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVT. OF INDIA.

Exhibit P9 TRUE COPY OF THE EMAIL DATED 10.6.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF GENERAL CONDITIONS OF CONTRACT.

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED

17.9.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT’S EXHIBITS NIL