IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 22302 of 2010(K) -------------------------- PETITIONER(S): --------------- M.BINEESH, S/O.MURALIDHARAN AGED 41 YEARS,BINEESH BHAVAN, NAMBARUVIKALA ALUMKADAVU PO, KARUNAGAPALLY, KOLLAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS CHIEF COMMISSIONER OFFICE OF CHIEF COMMISSIONER,TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD OFFICE OF DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM-3 3. STATE OF KERALA, REPRESENTED BY ITS COMMISSIONER, DEVASWOM,KERALA GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. R1, R2 BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.22302 OF 2010 ------------------------------------------- Dated this the 5th day of January, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner seeks a direction to the Travancore Devaswom Board to take effective steps to release the EMD furnished by him in connection with a contract. The Board is on record with a counter affidavit disclosing reasons as to why the amount cannot be released in the realm of contracts. Having regard to the nature of disputed questions of facts and law, and on the facts and circumstances of this case, we decline jurisdiction. This writ petition is dismissed without prejudice to the petitioner seeking appropriate remedies from the competent court. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.10/1.