JUDGMENT

The petitioner was given Ext.P1 work order by the third respondent in connection with the 'construction of a Wharf, Auction hall and Protection Bund of Munambam Fishing Harbour, pursuant to which an agreement was also executed in between, as borne by Ext.P2. The work was also got advanced much, but then the petitioner was directed to stop the work on 7.9.2009, because of the interim order passed by this Court in W.P.(C)no.6145/2009 at the instance of a third party. Even though the respondents also pursued steps to get the interim order of stay vacated, the same did not come through and finally, there was no other alternative, but to have the contract closed because of the frustration arrived at. The petitioner submitted Ext.P3, so as to get relieved from the liability to complete the works, which was followed by Ext.P4 reminder. The matter was examined by the second respondent, who furnished Ext.P5 recommendation to the first W.P.(C)No.5997/2013 2 respondent, virtually in support of the request made by the petitioner and to have the agreement closed, making necessary arrangements to effect the payment in respect of the work already done by the petitioner. In the course of p