IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 17708 of 2005(G) -------------------------- PETITIONER: ------------------ M/S. WESTERN MARINE ENGINEERING REPRESENTED BY ITS MANAGING PARTNER, SRI.K.T. JACOB, P.B.NO.915, EDAKOCHI, KOCHI-682 006. BY ADVS. SRI.K.S .HARIHARAN SRI.MANU MOHAN RESPONDENTS: --------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FISHERIES AND PORTS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PORTS, DIRECTORATE OF PORTS, THIRUVANANTHAPURAM-10. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR K.J FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 17708/05 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : PHOTOCOPY OF THE ORDER NO. D-1943/96 DATED 31.3.1997. EXHIBIT P2 : PHOTOCOPY OF THE LETTER NO. WME/915/2003-04 DATED 15.3.2003 SEND BY THE PETITIONER TO THE FIRST RESPONDENT. EXHIBIT P3 : PHOTOCOPY OF THE LETTER NO. D-1943/96 DATED 01.11.2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P4 : PHOTOCOPY OF THE REPLY NO. WME/715/2003-04 DATED 05.11.2003 SEND BY THE PETITIONER. EXHIBIT P5 : PHOTOCOPY OF THE NOTICAE DATED 06.05.2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P6 : PHOTOCOPY OF THE COMMUNICATION NO. WME/235/2004-05 DATED 8.6.04 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P7 : PHTOCOPY OF THE LETTER NO. 6433/E1/04-F &PD DATED 07.05.2005 OF THE FIRST RESPONDENT TO THE PETITIONER. EXHIBIT P8 : PHOTOCOPY OF THE LETTER DATED 21.05.2005 SEND BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P9 : PHOTOCOPY OF THE COMMUNICATION NO. D-1943/96 DATED 31.05.2005 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONERS BANKERS. EXHIBIT P10 : PHOTOCOPY OF THE LETTER NO. WME/245/2005-06 DATED 06.06.2005 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. EXHIBIT P11 : PHOTOCOPY OF THE COMMUNICATION NO. DGM/EKM/SIB DATED 07.06.2005 SENT BY THE MANAGER, STATE BANK OF TRAVANCORE TO THE 2ND RESPONDENT. EXHIBIT P12 : PHOTOCOPY OF THE COMMUNICATION NO. 6433/E1/01/F & PD DATED 31.05.2005 BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P13 : PHOTOCOPY OF THE COMMUNICATION NO. WME/263/2005-06 DATED 10.06.2005 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 17708 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) To declare that the respondents have no manner of authority to encash the Demand Draft for Rs.23,02,000/- issued by the petitioners' bankers M/s.S.B.T, M.G.Road Branch, Ernakulam drawn in favour of the second respondent. ii) Issue a writ of mandamus or any other appropriate writ order or direction restraining the respondents from encashing the Demand Draft for Rs.23,02,000/- issued by the petitioners' Banker M/s. State Bank of Travancore, M.G.Road Branch, Ernakulam in the light of Ext.P12 communication extending the time period given to the petitioner. In view of the stand taken in the counter affidavit, in case the petitioner has still any dispute on the facts, it will be open to the petitioner to approach the first respondent or the Civil Court. 2. In the event of the petitioner approaching the Civil Court, the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 17708 OF 2005 J U D G M E N T 18.07.2008