IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 30579 of 2004(M) -------------------------- PETITIONER: ------------ M/S. CORDIAL COMPANY, `ROSHNARA', T.C.NO.7/554, MARUNTHENKUZHY, KANJIRAMPARA P.O., THIRUVANANTHAPURAM REPRESENTED BY ITS PARTNER, N. VIJAYAN UNITHAN. BY ADV. SRI.S.GOPAKUMARAN NAIR (SR.) RESPONDENTS: ------------- 1. THE KERALA STATE CONSTRUCTION CORPORATION LTD., REPRESENTED BY ITS GENERAL MANAGER B.NO.404, THYCAUD, THIRUVANANTHAPURAM. 2. THE PRINCIPAL, SREE CHITHRA COLLEGE OF ENGINEERING, PAPPANAMKODE, THIRUVANANTHAPURAM. 3. THE BOARD OF GOVERNORS, SREE CHITHRA COLLEGE OF ENGINEERING, PAPPANAMKODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, HON'BLE MINISTER FOR TRANSPORT. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.M.V.THAMPAN,SC SRI.T.RAVIKUMAR FOR R2&3 SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, ALONG WITH WPC NO. 13905 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30579/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE RELEVANT EXTRACT OF THE ARTICLES OF AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. P1(a) : COPY OF SUPPLEMENTARY AGREEMENT NO.1 TO ACCOMPANY THE ORIGINAL AGREEMENT EXECUTED BETWEENT EH PARTIES. P2 : COPY OF LETTER DATED 25/03/2003 FROM THE PETITIONER. P3 : COPY OF PETITIONER'S LETTER REDUCING THE QUOTATION RATE FROM 23% ABOVE TO 15% ABOVE. P4 : COPY OF STATEMENT SHOWING THE CONTINUOUS AND ABNORMAL PRICE INCREASE OF STEEL RODS WITH DATES OF BILLS. P5 : COPY OF PETITIONER'S REQUEST IN WRITING DATED 09/02/2004 TO REIMBURSE THE DIFFERENCE. P6 : COPY OF PETIITONER'S CLAIM FOR REIMBURSMENT LETTER DATED 01/07/2004. P7 : COPY OF LETTER DATED 14/07/2004 WRITTEN BY 1ST RESPONDENT TO 2ND RESPONDENT. P8 : COPY OF COMMUNICATION DATED 09/09/2004 FROM THE 1ST RESPONDENT TO PETITIONER. P9 : COPY OF LETTER DATED 18/08/2004 ADDRESSED BY 2ND RESPONDENT TO 1ST RESPONDENT. P10 : COPY OF LETTER DATED 25/03/2004 FROM petitioner ADDRESSSED TO 2ND RESPONDENT REQUESTING FOR PAYEMNT DIFFERENCE. RESPONDENT'S EXHIBITS R2(a) : COPY OF AGREEMENT BETWEEN THE 1ST RESPONDENT AND 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) Nos. 30579 of 2004 & 13905 of 2008 --------------------------------- Dated, this the 17th day of July, 2008 J U D G M E N T Heard learned senior counsel appearing for the petitioner in both the connected cases and learned counsel appearing for the 1st and 3rd respondents. The petitioner constructed college buildings for 3rd respondent. The bills are approved by the consultants, namely 1st respondent, which is a Government of Kerala undertaking. According to the petitioner, there is no justification for the 3rd respondent to withhold the bills approved by the consultants. Learned counsel for the 3rd respondent pointed out that this Court, vide judgment in WP(C) No.14017/2005 held that 3rd respondent is not a State or a public authority and so much so no writ is maintainable. However, learned counsel appearing for the petitioner contended that first respondent being a Government agency, writ petition as such is maintainable and nothing bars this Court from issuing a direction to 3rd respondent to release the payments. Since the relief sought for essentially is writ of mandamus to 3rd respondent to release payments and since this Court has held in the case of 3rd respondent itself that no writ is WP(C) Nos.30579/04 & 13905/08 -2- maintainable against them under Article 226 of the Constitution, the writ petitions are dismissed following the said judgment. (C.N.RAMACHANDRAN NAIR, JUDGE) jg