IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WA.No. 681 of 2011() -------------------- AGAINST THE JUDGEMENT IN WPC.38298/2010 Dated 25/01/2011 .................... APPELLANT: APPELLANT ----------------------- RAMLATH BEEVI.M,W/O.MUHAMMED SHAH, AGED 60 YEARS, ENGINEER & CONTRACTOR, JUMARAT-AL-USTA,ALISSERY, ALAPPUZHA-1 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF AGRICULTURE,GOVERNEMTN SECRETARIAT THIRUVANANTHAPURAM-1 2. KERALA LAND DEVELOPMENT CORPORATION LTD REP.BY ITS MANAGING DIRECTOR, NEAR RAMANILAYAM, PALACE ROAD,THRISSUR-680020 3. THE CONTRUCTION ENGINEER, KERALA LAND DEVELOPMENT,CORPORATION LTD NEAR CHANDANAKAVU TEMPLE,ALAPPUZHA-688001 4. THE PROJECT ENGINEER, KERALA LAND DEVELOPMENT CORPORATION, FIRE STATION ROAD,MANNAM P.O.,NORTH PARAVUR, ERNAKULAM DISTRICT,PIN-683520 GOVERNMENT PLEADER SMT. T.B. RAMANI. THIS WRIT APPEAL HAVINGCOME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.A. NO. 681 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 3RD DAY OF JUNE, 2011. J U D G M E N T C.N. Ramachandran Nair, J. We do not find any merit in the writ appeal because the appellant, after executing a contract for execution of the works, demanded revised rates. Admittedly, the work awarded to the appellant was not executed by him, which led the Government to cancel the contract and award the contract to another contractor. Appellant filed a representation for granting him revised rates which was rejected. The learned Single Judge found no merit in the contention because the contract awarded in favour of the appellant did not provide for any revision of rates. More over, we are of the view that in matters like this, this Court should not exercise jurisdiction because if there is any breach of contract or violation of tender conditions, the remedy is to file a suit for damages. The appeal is devoid of any merit and is dismissed. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-