IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 9798 of 2011(Y) ---------------------------------- PETITIONER: ------------------- N.J.JOHNSON, NADAKKAL HOUSE, TALOR P.O., THRISSUR-680306. BY ADV. SRI.C.S.ULLAS RESPONDENT: --------------------- THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR PO, THRISSUR -680 301 BY STANDING COUNSEL SRI. N. REGHURAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SMT THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------ W.P(C) No.9798 of 2011 --------------------------------- Dated this the 6th day of April 2011 J U D G M E N T Thottathil B. Radhakrishnan, J. Heard the learned counsel for petitioner and the learned Standing Counsel for the Cochin Devaswom Board. The plea of the petitioner, who has taken a contract from the CDB for putting up hoardings is that he could not carry out the said contract due to certain unauthorised hoardings on the site allotted to the petitioner. He accordingly wanted to reduce atleast a portion of the amount that he was liable to pay in the contract. The CDB as by Ext.P10 refused to accept his demand. Though the petitioner may have different excuses, we are of the view that this is not a matter to be decided in this jurisdiction. It is relating to a contract of non statutory nature and it will be not within the W.P(C) No.9798 of 2011 -: 2 :- jurisdiction under Article 226 of the Constitution to adjudicate and decide on any profit or loss or any reductions to be granted by any particular contracting authority. If the petitioner has any legal right to relief of that nature he could sue before the competent jurisdiction. Therefore, without prejudice to his right to seek any such remedies and seek any indulgence of the Board to reconsider the matter, we dismiss this writ petition without entering on merits. THOTTATHIL B. RADHAKRISHNAN, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. Jvt