IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 22241 of 2008(W) ------------------------------------- PETITIONER(S): ----------------------- K.P.ISSAC, S/O.PAULOSE, PWD CONTRACTOR, KALLUMKOOTTATHIL HOUSE, MANEED P.O., PIRAVOM, ERNAKULAM DISTRICT, PIN - 686 726. BY ADV. SRI.VARGHESE P.CHACKO RESPONDENT(S): ------------------------- 1. THE SECRETARY, MANEED GRAMA PANCHAYATH, MANEED P.O., PIRAVOM, ERNAKULAM DISTRICT, PIN - 686 726. 2. THE PRESIDENT, MANEED GRAMA PANCHAYATH, MANEED P.O., PIRAVOM, ERNAKULAM DISTRICT, PIN - 686 726. 3. ASSISTANT ENGINEER, LSGD SECTION, THIRUVANIYOOR P.O., PUTHENCRUZ, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SMT. K.R. DEEPA. ADV. SRI.P.K.VARGHESE FOR R3 SRI.JOHN K.GEORGE FOR R1-2 SRI.K.S.ARUN KUMAR FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22241 of 2008(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - THE MEMORANDUM OF WORKS DATED 23.01.2006, ISSUED BY THE 1ST RESPONDENT. EXT.P2 - NO OBJECTION ORDER DATED 11.01.2006 ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PERIYAR VALLEY IRREGATION PROJECT, SUB DIV. NO.II, PERUMBAVOOR. EXT.P3 - LETTER DATED 20.01.2006, WRITTEN BY THE PETITIONER TO THE 1ST RESPONDENT REGARDING PETITIONER'S UNWILLINGNESS TO COMMENCE THE ABOVE WORK. EXT.P4 - THE INTIMATION ISSUED BY THE 1ST RESPONDENT REGARDING ADDITION OF OTHER WORK, ALONG WITH THE ABOVE TENDERED WORK, AND THE DECISION OF THE 2ND RESPONDENT IN THIS REGARD. EXT.P4(a) - THE REVISED ESTIMATE OF THE WORK WITH 15% ADDITIONAL AMOUNT AS PER PANCHAYAT COMMITTEE RESOLUTION NO.1(i) DATED 06.02.2006. EXT.P5 - THE LETTER DATED 13.3.2006 ISSUED BY THE 1ST RESPONDENT TO THE MARKETING MANAGER COCHIN REFINERY. EXT.P5(a) - THE PERFORMA FOR BITUMEN SUPPLIES DATED 23.3.2006. EXT.P6 - THE COPY OF THE CIRCULAR AS G.O.NO.DB4/2929/2005/C.E/ DATED 14.03.2006. EXT.P6(a) - THE COPY OF CIRCULAR NO. 46499/DP1/2006/LSGD DATED 06.12.2006. EXT.P6(b) - THE COPY OF THE G.O. NO.(MS) NO. 1/2008/LSGD DATED 01/01/2008. EXT.P7 - THE COPIES OF THE MEASUREMENT BOOK ENTRIES DATED 15.05.2006 WITH REGARDS TO THE WORK ALREADY UNDER TAKEN BY THE PETITIONER. EXT.P8 - THE LETTERE DATED 28.11.2006 ISSUED BY THE SECRETARY, MANEED GRAMA PANCHAYAT TO THE SALES MANAGER, BHARAT PETROLEUM. EXT.P9 - INVOICE DATED 29.11.2006 ISSUED BY THE BHARAT PETROLEUM CORPORATION LTD. TO THE 1ST RESPONDENT. EXT.P10 - THE MEASUREMENT BOOK ENTRIES, SHOWING THE PAYMENT FOR EXCESS TAR COST, IN FAVOUR OF SRI. V.M.SCARIA. EXT.P11 - THE DEMAND NOTICE ISSUED BY THE PETITIONER TO THE RESPONDENTS, I.E., DEMAND NOTICE REFER NO. DN/AVL/PI/V/08, DATED 28.03.2008. EXT.P11(a) - THE REPLY NOTICE ISSUED BY THE RESPONDENT PANCHAYAT TO THE PETITIONER. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 22241 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2008. J U D G M E N T The petitioner is a contractor who has executed certain work on behalf of the Maneed Grama Panchayat. The petitioner's complaint in this writ petition is that the amounts due to him for the work done is not paid. The petitioner seeks a direction to the Panchayat to pay the amounts for the work done. A counter affidavit has been filed on behalf of the respondents 1 to 3, in which the liability to pay is disputed. According to the Panchayat the petitioner has not completed the work undertaken by him and committed breach of contract and therefore the Panchayat is not liable to pay the amounts demanded. In view of the bona fide dispute, I do not think that the matter can be decided in a writ petition. The remedy of the petitioner lies in establishing his right by filing a suit for the recovery of the amounts, if due. Accordingly, without prejudice to the right of the petitioner to file a suit for the recovery of the amounts allegedly due from the Panchayat, this writ petition is dismissed. S.SIRI JAGAN, JUDGE rhs