IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 3623 of 2008(F) ----------------------------------- PETITIONER(S): ---------------------- N. GOPINATHAN NAIR, SOUPARNIKA, TC 9/1901(1)EDAVACODU, SREEKARIYAM P.O., THIRUVANANTHAPURAM. BY ADV. MR.AJITH KRISHNAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, PWD BUILDINGS & LOCAL WORKS, THIRUVANANTHAPURAM. 5. THE SUPERINTENDING ENGINEER, BUILDING & LOCAL WORKS (SC), THIRUVANANTHAPURAM. 6. THE EXECUTIVE ENGINEER, BUILDINGS DIVISION, THIRUVANANTHAPURAM. R1 TO R6 BY SPL. GOVT. PLEADER (FINANCE) MR.MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3623/2008-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ADMINISTRTIVE SANCTION ORDER ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE REQUEST LETTER ISSUED BY THE 6TH RESPONDENT TO 1ST RESPONDENT. EXT.P3: COPY OF THE JUDGMENT DATED 15/02/2007 IN WP(C) NO. 3336/2007. EXT.P4: COPY OF THE JUDGMENT DATED 30/05/2007 IN CONT. CASE (CIVIL).575/2007. EXT.P5: COPY OF THE ORDER NO.15403/HKB 3/2006/GAD DATED 07/12/2007. EXT.P6: COPY OF THE JUDGMENT IN WP(C) NO. 24411/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 3623 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th June, 2009. J U D G M E N T The petitioner is a contractor, who claims to have executed certain works on behalf of the respondents. According to the petitioner, amounts are still due to the petitioner in respect of the works which are not being paid to him. The petitioner therefore, seeks the following reliefs: “(i) to call for the records leading to Ext. P5 and to quash the same by writ of certiorari. (ii) to issue a writ of mandamus to the 1st respondent to disburse Rs. 5,75,689/- being the 25% above the estimate rate amount with respect to the work of resurfacing of the internal road of the Secretariat immediate.” 2. On 14-7-2008, I directed the learned Government Pleader to file a counter affidavit stating as to what amount the petitioner is entitled to in respect of the contract executed by the petitioner and within what time that amount can be paid. 3. A counter affidavit has been filed on 23-7-2008, in which very detailed calculations have been given regarding the amount payable to the petitioner. According to that counter affidavit, the entire amount due to the petitioner as per the contract has been paid. Although, no reply affidavit has been filed, the petitioner still maintains that Rs. 5,75,689/- more is due to the petitioner. The petitioner has not produced even the agreement in respect of the contract. No material is placed before me to show that the petitioner is entitled to more amount than what has been paid. That being so, the issue involves disputed questions of fact, which cannot be decided in a writ petition. Accordingly, the writ petition is dismissed without prejudice to W.P.C. No. 3623/08. -: 2 :- the right of the petitioner to file a suit for recovery of any amount, if due to the petitioner, if the petitioner still maintains that more amounts are due to him. Sd/- S. Siri Jagan, Judge. Tds/