IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 15921 of 2010(M) -------------------------- PETITIONER: ------------- K. RAMACHANDRAN, GOVERNMENT CONTRACTOR, KAILAS, KALLUMKADAVU, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ------------------ 1. THE PATHANAPURAM BLOCK PANCHAYATH, PATHANAPURAM REPRESENTED BY ITS SECRETARY. 2. RPOJECT OFFICER, DISTRICT RURAL DEVELOPMENT AUTHORITY, KOLLAM. 3. THE ASSISTANT EXECUTIVE ENGINEER, DISTRICT RURAL DEVELOPMENT AUTHORITY, KOLLAM. 4. THE DISTRICT LEVEL TECHNICAL ADVISORY COMMITTEE, REPRESENTED BY ITS CONVENOR, DRDA, KOLLAM. 5. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 6. STATE OF KERALA, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT (R.D.P - PA) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT.PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C) No.15921 of 2010 --------------------------------- Dated this the 27th day of May, 2010 JUDGMENT This Writ Petition has been filed by the petitioner seeking for various reliefs whereby for the execution of a contract work, permission for revised estimate was rejected by the Government as per Exhibit P19 order dated 4.4.2007. Various reliefs including a declaration that he is entitled to get the amount due for the work executed pursuant to Exhibit P1, P11 and P12, security amount and retention amount deposited by the petitioner with interest for the delayed payment is also sought for. 2. Exhibit P19 is a communication from the Government stating that permission for revised estimate cannot be granted. In fact, the petitioner had earlier approached this Court by filing W.P.(C)No.12472/2007 and after the disposal of the said Writ Petition, he had filed Contempt of Court (c)No.1469/08. It is seen from the judgment in the Contempt Case, Exhibit P20, that the respondents have produced Annexure A order passed by the Government along with an affidavit therein. Annexure A therein W.P.(C)No.15921/10 -2- is Exhibit P19 herein. This Court had made clear that since Annexure A has already been issued by the Government, the remedy available to the petitioner is to challenge Annexure A by initiating separate proceedings. This Writ Petition is filed only now, after three years. I am not expressing anything on the delay in filing the Writ Petition. Whatever that be, since the petitioner is seeking for declaring his contractual right for getting the balance amount along with security amount and retention amount, he can approach the civil court for appropriate reliefs. Leaving open the said remedy, this Writ Petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE.) dsn