The court emphasizes the contractor's right to seek relief and mandates timely consideration of representations by the Panchayat.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i. issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P6;

ii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents to permit the petitioner to complete the balance work comprised in the Agreement No.9/AE/LSGD/PKDA/2023-24 dated 26.9.2023 executed with the 5^th respondent, forthwith;

iii. issue a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 3 to 5 to consider and dispose of Ext.P8 representation, forthwith;

iv. issue such other writ, order or direction which may deem fit in the facts and circumstances of the case;

v. dispense with the translation of the document produced in the Vernacular Language.”[SIC]

2. This is a sad story of a contractor. The petitioner, who is a contractor by profession, was awarded with the construction of a SC Community Hall at Thirumarady Grama Panchayat, for and on behalf of the 1^st respondent, on executing the agreement dated 26.09.2023. Immediately thereupon, the petitioner commenced the work on 14.10.2023. However, when the work was progressing, Ext.P6 stop memo was issued by the 5^th respondent without assigning any reason, is the submission. On enquiry, it was known that the property which was handed over to the petitioner to construct the community hall was a wet land/paddy field. It is the case of the petitioner that, as evidenced by Ext.P5 photographs, there are large number of constructions such as the construction of the Community Hall of the Thirumarady Grama Panchayat is progressing, within 50 meters. There are other constructions also, is the submission. Hence this Writ Petition is filed against the stop memo issued by the 5th respondent.

3. Heard the learned counsel appearing for the petitioner, the learned Standing Counsel appearing for the Panchayat and the learned Government Pleader.

4. Today, when the matter came up for consideration, the counsel appearing for the petitioner submitted that, he is now burdened with this work and he may be relieved from the work. The petitioner also prays for the release of the performance guarantee and the additional performance guarantee.

5. I think there is some force in the argument of the petitioner. Petitioner was not able to resume the work for reasons not attributable to him. The petitioner can submit a representation before the 1^st respondent and there can be a direction to consider the same within a time frame.

Therefore, this Writ Petition is disposed of in the following manner:

1. The petitioner is free to submit a representation before the 1^st respondent for relieving him from the work and for releasing the performance guarantee and the additional performance guarantee, within one week from the date of receipt of a certified copy of this judgment.

2. Once such a representation is received, the 1^st respondent will consider the same and pass appropriate orders forthwith, at any rate, within a period of one month from the date of receipt of the representation.

Sd/-