IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 32332 of 2008(Y) -------------------------- PETITIONER(S): --------------- M.M.MATHEW, S/O MANI, MADAMKUNNEL, VAZHOOR VILLAGE, CHANGANACHERRY TALUK,, KOTTAYAM-686515. BY ADV. SRI.V.B.PREMACHANDRAN SRI.S.MOHANDAS SRI.P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY PRINCIPAL, THE SECRETARY TO GOVERNMENT,INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN:695001. 2. THE MANAGING DIRECTOR, THE TRAVANCORE PLYWOOD INDUSTRIES LIMITED, PUNALUR. ADV. SRI.E.K.NANDAKUMAR FOR R2 SRI.A.K.JAYASANKAR NAMBIAR FOR R2 SRI.K.JOHN MATHAI FOR R2 SRI.P.BENNY THOMAS FOR R2 SRI.ANIL D. NAIR FOR R2 SRI.V.J.ANAND FOR R2 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32332 of 2008 ================== Dated this the 19th day of March, 2009 J U D G M E N T The petitioner is a contractor who has undertaken certain work of felling and transportation of timber for industrial purpose on behalf of the 2nd respondent. According to the petitioner, an amount of Rs.3,95,370/- including security of Rs.1,00,000/-, is due to the petitioner from the respondents, which has not yet been paid. The petitioner therefore, seeks the following relief: “i. to issue a writ of mandamus or order or direction to the respondents to pay the petitioner an amount of Rs.3,95,370/- including the security deposit of Rs.1 lakh with 18% interest thereof per annum from 01.06.2001 till date of payment.” 2. A counter affidavit has been filed by the 2nd respondent, in which their first contention is that the recovery of the amount due in respect of the contract in question, is barred by limitation. They also submit that the 2nd respondent company is not at present functioning and they do not have any money to pay to the contractor. The counsel for the petitioner would submit that the 2nd respondent being a Government owned company, the Government has a liability to pay the amount due from the 2nd respondent to the petitioner. I am unable to countenance that contention. The 2nd respondent is an autonomous body, may be owned by the Government. The Government has no legal or other responsibility to pay any amount due from the 2nd w.p.c.32332/08 2 respondent to the petitioner. Even otherwise, the petitioner's remedy lies in filing a suit for recovery of the amount in question. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.32332/08 3 S.SIRI JAGAN, J. ================== W.P(C).No.32332 of 2008 ================== Dated this the 9th day of February, 2009 O R D E R The counsel for the 2nd respondent shall inform this Court as to how much amount, out of Rs.3,95,370/- claimed by the petitioner is admitted by the 2nd respondent. Post next week. sdk+ S.SIRI JAGAN, JUDGE