The court allows a party to pursue claims not originally included in the writ petition through representation to the relevant authority, emphasizing procedural appropriateness.

JUDGMENT

This writ petition is submitted by the petitioner seeking the following reliefs:

“i) to call for the records which lead to the issuance of Ext.P2 and to issue a writ in the nature of certiorari or any other appropriate to the extent it imposes fine of Rs.5000/- on the petitioner for extension of time;

ii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondents 3 and 4 to conclude the contract awarded to petitioner as per Ext.P1 within a time frame to be fixed by this Hon’ble Court;

iii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondents 3 and 4 to draw final bill in respect of work viz., JJM Mathilakam Grama Panchayath - PHASE - I - CWSS to Nattika Firka - providing FHTCs to rural households from ongoing scheme (MVS) including distribution strengthening and disburse it without retaining any amounts, within a time frame to be fixed by this Hon’ble Court;

iv) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondents to draw bill in respect of amounts due to petitioner towards retention money, security amounts, commissioning, maintenance and other charges in respect work viz., JJM Mathilakam Grama Panchayath - PHASE - I - CWSS to Nattika Firka - providing FHTCs to rural households from ongoing scheme (MVS) including distribution strengthening awarded to petitioner as per Ext.P1, within a time frame to be fixed by this Hon’ble Court;

v) to declare that guarantee period and defect liability period of subject work viz., JJM Mathilakam Grama Panchayath - PHASE - I - CWSS to Nattika Firka - providing FHTCs to rural households from ongoing scheme (MVS) including distribution strengthening awarded to petitioner as per Ext.P1 has expired;

vi) to issue a writ of mandamus or other appropriate writ direction or order direction, commanding respondents release the amounts due to the petitioner with interest @ 18% for delay caused;

vii) to issue a writ of mandamus or other appropriate writ direction or order direction, commanding 3rd respondent to consider and pass orders on Exts.P4 to P6 within a time frame to be fixed by this Hon’ble Court;

viii) to declare that the date of seniority of bills in respect of the work covered by Ext.P1 is date of completion - December, 2022;

ix) to grant such other reliefs as this Hon’ble Court may deem fit and proper in the circumstance of the case;

x) the petitioner also prays that this Hon’ble Court may be pleased to dispense with production of translated copies exhibits and documents produced in the case and are in vernacular language.”

2. The dispute involved in this writ petition pertains to a work named JJM Mathilakam Grama Panchayath - PHASE - | - CWSS to Nattika Firka - providing FHTCs to rural households from an ongoing scheme (MVS) including distribution strengthening. Ext.P1 is the work order dated 28.01.2021 and based on the same, an agreement was entered into on 12.02.2021. According to the petitioner he had completed about 90% of the work within the period stipulated and the remaining work could not be completed due to reasons beyond the control of the petitioner. This is because, in order to carry out the remaining work, the site ought to have been handed over to the petitioner, with necessary road cutting permission from the authorities concerned. Therefore, the petitioner sought permission to foreclose the work and since no action was taken, upon the application submitted by the petitioner in this regard, this writ petition was submitted.

3. During the pendency of this writ petition, the order dated 27.12.2025 was passed, by the 3^rd respondent foreclosing the work without the risk and cost upon the petitioner. Therefore, the main relief sought by the petitioner in th