IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 11037 of 2008(L) -------------------------- PETITIONER: ------------ VADAVOORKONAM SWAJALADHARA PROJECT, KUNNUMPARA P.O., OORUTTAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, K.KRISHNAN. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------- 1. THIRUVANANTHAPURAM DISTRICT WATER AND SANITATION MISSION, COLLECTORATE VANCHIYOOR, REPRESENTED BY MEMBER SECRETARY (EXECUTIVE ENGINEER, WATER SUPPLY DIVISION, KERALA WATER AUTHORITY, NEYYATTINKARA, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES (WS-B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. G.P SMT.N.SUDHADEVI SMT.AMBIKA DEVI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.11037 of 2008 ================== Dated this the 26th day of August, 2008 J U D G M E N T The petitioner is a society which entered into an agreement with the 1st respondent to act as beneficiary committee for providing drinking water under the Rajiv Gandhi National Drinking Water Mission called “Swajaladhara” . The petitioner has filed this writ petition seeking a direction to the respondents to pay the amounts due to the beneficiary committee for carrying out the work. A counter affidavit has been filed in which it is stated that more amounts than what is due to the petitioner have already been paid and in fact excess amounts are with the petitioner. It is further alleged that the petitioner is liable to execute some more minor works and also to cure certain defects in the works already done. In the above circumstances, the 1st respondent disclaims liability to pay any further amount to the petitioner. In view of this dispute, which cannot be decided without taking evidence, I feel that the petitioner's remedy lies in filing a suit, if the petitioner still maintains that amounts are still w.p.c.11037/08 2 due from the 1st respondent to the petitioner. Therefore, without prejudice to the right of the petitioner to seek relief in a suit, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge