IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 32247 of 2006(L) --------------------------------------- PETITIONER: ------------------- M/S. PALANATTIL CONSTRUCTION COMPANY, A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER P.P.POULOSE, REVIEW BUILDING, KURUSADI JUNCTION, NALANCHIRA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT (FINANCE DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, DEPARTMENT OF P.W.D., THIRUVANANTHAPURAM. 4. CHIEF ENGINEER, ROADS AND BUILDINGS, SOUTH CIRCLE, THIRUVANANTHAPURAM. 5. EXECUTIVE ENGINEER, P.W.D. DIVISION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.N.MANOJ KUMAR FOR R1-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32247/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PARTNERSHIP DEED. DT. 1.4.09. EXT.P2:- COPY OF THE POWER OF ATTORNEY EXECUTED IN FAVOUR OF THE P.P.POULOSE, DT. 1.8.2000. EXT.P3:- COPY OF THE AGREEMENT NO.31/SESC/2000-2001 DT. 18.9.2000. EXT.P4:- COPY OF THE TERMINATION ORDER BY THE 4TH RESPONDENTDT. 27.12.04. EXT.P5:- COPY OF THE CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER DT. 2.3.05. EXT.P6:- COPY OF THE LETTER NO.D6/31/96/DT. 21.11.04 BY THE EXECUTIVE ENGINEER. EXT.P7:- COPY OF THE ORDER NO.DB.4/833/97 DT. 11.10.06. EXT.P8:- COPY OF THE G.O.(P) 314/72 PWD. DT. 21.12.1972. EXT.P9:- COPY OF THE CIRCULAR NO.13178/H3/2002 PWD DT. 10.5.05. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 32247 of 2006 ----------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner approached this court mainly with two grievances: (1) the amounts due to the petitioner have not been paid; and (2) recovery steps have been initiated for recovering the amounts pursuant to the termination of contract and re- arrangement of the work at the risk and cost of the petitioner. In view of Ext.P9 the remedy open to the respondents is to approach the civil court and not to make a unilateral assessment as has been made in Ext.P7. Therefore, Ext.P7 is quashed without prejudice to the liberty to the respondents to pursue the matter in accordance with Ext.P9. As far as the other grievances regarding the amounts due to the petitioner are concerned, it is for the petitioner to pursue the matter, if still aggrieved, either before the Government or before the civil court. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.32247 of 2006 ----------------------------------- JUDGMENT 19th September, 2008