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. 22718 of 2010(L) --------------------------------------- PETITIONER(S): ----------------------- SRI.K.SADASIVAN,S/O.SEKHARAN,AGED 60 YEARS,P.W.D.CONTRACTOR,RAHULEYAM, KANNAMKARA, CHELANNUR, KOZHIKODE. BY ADV. SRI.NIRMAL. S RESPONDENT(S): -------------------------- 1. SREE THRICHERUMANNA ALIAS, KOTTIYOOR DEVASWOM, P.O KOTTIYOOR, KANNUR-51, REPRESENTED BY ITS CHAIRMAN. 2. MALABAR DEVASWAM BOARD, KOZHIKODE-20, REPRESENTED BY ITS COMMISSIONER 3. EXECUTIVE OFFICER, SRI. THRICHERUMANNA ALIAS KOTTIYOOR DEVASWAM, PO KOTTIYOOR, KANNUR-51 R1 BY ADV. SRI.P.K.SURESH KUMAR SMT.M.SINDHU THANKAM R2 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO.22718/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT DATED 27/2/2007. P2 COPY OF THE ORDER DATED RECEIPT NO. 428 DATED 26/2/2007. P3 COPY OF THE ORDER NUMBER J6 1891/09/MDB DATED 27/5/2009. P4 COPY OF THE NOTICE ISSUED BY THE PETITIONER THROUGH G.MANOHARLAL, ADVOCATE DATED 25/7/2009. P5 COPY OF THE NOTICE ISSUED TO THE PETITIONER THROUGH ADV.K.V.PAVITHRAN DATED 17/8/2009. P6 COPY OF THE JUDGMENT DATED 24/9/2009. P7 COPY OF THE LETTER DATED 13/3/2010. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE CONSENT LETTER DATED 1/6/2009 OF THE PETITIONER. R1(B) COPY OF THE LETTER DATED 13/7/2009 FROM THE 1ST RESPONDENT TO THE PETITIONER. R1(C) COPY OF THE LETTER DATED 18/8/2009 FROM THE 1ST RESPONDENT TO THE PETITIONER. R1(D) COPY OF THE ACKNOWLEDGMENT EVIDENCING THE RECEIPT OF EXT.R1 (C) R1(E) COPY OF THE LETTER DATED 20/12/2009 ISSUED BY 1ST RESPONDENT TO THE PETITIONER. /TRUE COPY/ P.A.TO.JUDGE sts THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.22718 OF 2010 ------------------------------------------- Dated this the 5th day of January, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner undertook a contract work for the first respondent. According to him, certain amounts are due to him under the contract. He moved this Court. Ext.P6 judgment was issued refusing to entrain the matter in writ jurisdiction. He, thereafter, sought for certain information under the Right To Information Act. That was given as per Ext.P7. In the last sentence of Ext.P7, the executive officer of the first respondent says that certain amounts are retained and some reasons are given for such retention. Now, it is submitted on behalf of the first respondent that those amounts stand forfeited since the petitioner did not carry out the needful as stated in the last paragraph of Ext.P7, while the learned counsel for the petitioner says that he has materials WPC.22718/10 2 with him to show to the contrary. We are sure that if we were to look into those materials, we would be going into the arena which is exclusively to be kept for adjudication by civil courts, being disputed questions of fact and law in relation to a contract between parties. In that view of the matter, we give the petitioner liberty to move the first respondent and offer, if necessary, to rectify the needful subject to the first respondent's concurrence and if parties do not have an agreed result, it would be open to either of them to move the appropriate authority for relief. It is clarified that we have not expressed anything on the merits of the matter interse the parties. The writ petition is closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.5/1.