IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD FEBRUARY 2010 / 14TH MAGHA 1931 WP(C).No. 20260 of 2009(B) -------------------------- PETITIONER: --------------- JOBY K.GEORGE, AGED 35 YEARS, S/O.K.V.GEORGE, KUNNAPILLIL HOUSE, NEENDAPARA P.O. NEENDAPARA, KOTHAMANGALAM, ERNAKULAM. BY ADV. SRI.M.TRIPTEN RESPONDENTS: --------------- 1. DEPUTY GENERAL MANAGER, TRANSMISSION PROJECTS, CIRCLE TELEMCOM STORE DEPARTMENT, C.T.D.S. COMPLEX, GANDHI NAGAR, ERNAKULAM. 2. DIVISIONAL ENGINEER, B.S.N.L., TRANSMISSION PROJECTS, CIRCLE TELECOM STORE DEPARTMENT, C.T.D.S. COMPLEX, GANDHI NAGAR, ERNAKULAM, COCHIN-682 020. 3. ACCOUNTS OFFICER, B.S.N.L., DGM, TRANSMISSION PROJECTS, CIRCLE TELECOM STORE DEPARTMENT, C.T.D.S. COMPLEX, GANDHI NAGAR, ERNAKULAM. ADV. SRI.C.M.SURESH BABU,SC,B.S.N.L. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2010, ALONG WITH WPC NO. 20261 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)Nos.20260 & 20261 of 2009 ------------------------------------------------ Dated this the 3rd day of February, 2010 JUDGMENT In these writ petitions, the main prayer sought for is a direction to the respondents to return Earnest Money Deposit made by the petitioners. 2. In W.P.(C).No.20260/09, the petitioner approached the second respondent as per tender notification dated 7/7/2008 and as per the terms and conditions of the tender notification, he had remitted Rs.38,000/- as Earnest Money Deposit. It is averred in the writ petition that the petitioner was the highest bidder in the auction. The petitioner has stated in detail that due to increase of labour charges and other expenses, the petitioner is unable to complete the work and, hence, he has sought for a direction to return the Earnest Money Deposit. It is the case of the petitioner that he will not be able to complete the work in view of the various circumstances pointed out in the writ petition. 3. In W.P.(C)No.20261/2009, the petitioner has submitted that for participating the auction conducted on 25/7/08 pursuant to notification dated 7/708, he had remitted W.P.(C)Nos.20260 & 20261 of 2009 2 Rs.54,000/- as Earnest Money Deposit in favour of the 3rd respondent. The petitioner was the highest bidder in the auction. The petitioner has stated in detail that due to increase of labour charges and other expenses, the petitioner is unable to complete the work and, hence, he has sought for a direction to return the Earnest Money Deposit. The respondents have filed detailed statement disputing the claims of the petitioner as well as the obligation to return the Earnest Money Deposit. In these circumstances, the remedy of the petitioners is to approach the Civil Court or any other Forum and leaving that remedy, these writ petitions are closed. T.R.RAMACHANDRAN NAIR, JUDGE skj