IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23442 of 2010(E) -------------------------- PETITIONER(S): --------------- BABY CHERIAN, PWD CONTRACTOR, CHELLIYAMPURATH HOUSE, KEEZHUMURI P.O., MUVATTUPUZHA. BY ADVS. MR.MURALI PURUSHOTHAMAN MR.DEEPU LAL MOHAN MRS.LEENA MURALI RESPONDENT(S): --------------- 1. KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, CHANDRASEKHARAN NAIR STADIUM, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033. 2. THE MANAGING DIRECTOR, KERALA POLICE HOUSING AND CONSTRUCTION CORPORATION LTD., CHANDRASEKHAAN NAIR STADIUM, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695 033. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT GOVERNMENT SECRETARIT, THIRUVANANTHAPURAM. BY ADV. MR. P. NARAYANAN – GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.23442 OF 2010 ------------------------------- Dated this the 28th day of July, 2010 J U D G M E N T The petitioner was awarded a contract by the respondents. Alleging breach of contract, Ext.P11 order has been passed terminating the agreement at the risk and cost of the petitioner. The petitioner is challenging the same. I am not inclined to entertain the challenge against Ext.P11 oder, since the petitioner's remedy lies in filing a suit, in so far as the issue involves ascertainment of question of facts on evidence. Therefore, without prejudice to the right of the petitioner to file a suit, this writ petition is dismissed. S. SIRI JAGAN, JUDGE acd