IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WA.No. 1322 of 2006(C) ---------------------- AGAINST THE JUDGEMENT IN OP.10143/2002 Dated 25/11/2005 .................... APPELLANT(S): 5TH PETITIONER: ----------------------------- S. SURESH, S/O. SHANMUGHA SUNDARA, KULUKKAPARAI, KOZHINJAMPARA. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. CHITTUR CO-OPERATIVE SUGARS, MENON PARA, CHITTUR TALUK, PALAKKAD DISTRICT, REPRESENTED BY THE GENERAL MANAGER. 5. K.S. SHANMUGHASUNDARAM, S/O. SWAMIAPPA GOUNDER, KULUKKAPARAI, PALANIYARPALAYAM. 6. SUMATHY, D/O. SHANMUGHA SUNDARAM, KULUKKAPARAI, PALANIYARPALAYAM. 7. SIVAKAMY, W/O. SWAMIYAPPA GOUNDER KULUKKAPARAI, PALANIYARPALAYAM. 8. MUTHULAKSHMY, W/O. SHANMUGHA SUNDARAM, MULUKKAPARAI, KOZHINJAMPARA. ADV. SRI.N.J.JOHNSON SRI.INNOCENT FRANCIS PAPALI FOR R5, 6 & 8 SRI.K.ANAND (A.201) FOR R4 SMT.LATHA KRISHNAN FOR R4 GOVERNMENT PLEADER SRI.BENJAMIN PAUL. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No.1322 of 2006 ---------------------------------------------- Dated 2nd July, 2009. J U D G M E N T Kurian Joseph, J. The 5th petitioner is the appellant. The writ petition was filed along with four others for a direction to the 4th respondent company to pay the amounts due under the supply contracts. The learned Single Judge disposed of the writ petition relegating the petitioners to pursue the remedy before the civil court. It is brought to our notice that during the pendency of the writ appeal, the principal amount has been paid. Therefore, what survives is only the claim for interest. The appellant has filed I.A.124/09 in that regard. According to the appellant, since the supply was effected as early as in 2000, he is entitled to get reasonable interest. As far as the claim for interest is concerned, it depends on the interpretation of the contract for supply. The appellant has two remedies, (1) to approach the 4th respondent itself and (2) to work out the grievance before the civil court. Without prejudice to the liberty to the appellant to work out either W.A. No.1322 of 2006 2 of the remedies as above, this writ appeal is closed. I.A.No.1/07, 753/08, 124/09 : Dismissed. KURIAN JOSEPH, JUDGE. K.SURENDRA MOHAN, JUDGE. tgs KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.A. No.1322 of 2006 ---------------------------------------------- J U D G M E N T Dated 2nd July, 2009.