IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37939 of 2010(N) --------------------------------- PETITIONER(S): ------------------- T.V. SHJESH, AGED 33 YEARS, S/O. UNNI, RESIDING AT THOTTIVALAPPIL HOUSE, KALADI.P.O., MALAPPURAM. BY ADVS. SRI.C.V.MANU VILSAN SRI.P.K.KHALEEMUDHEEN SRI.P.G.SURESH SMT.K.VIDYA MANU VILSAN SRI.RAJAN VISHNURAJ RESPONDENT(S): -------------------- 1. GURUVAYUR DEVASWAM MANAGING COMMITTEE, GURUVAYUR.P.O., THRISSUR,REPRESENTED BY ITS ADMINISTRATOR. PIN-680101. 2. THE DEVASWAM TAHSILDAR, GURUVAYUR DEVASWAM,GURUVAYUR.P.O.THRISSUR-680101. 3. THE DEPUTY CHIEF ENGINEER, GURUVAYUR DEVASWAM,GURUVAYUR.P.O.THRISSUR-680101. 4. THE ASSISTANT EXECUTIVE ENGINEER, GURUVAYUR DEVASWAM,GURUVAYUR.P.O.THRISSUR-680101. 5. THE EXECUTIVE ENGINEER, GURUVAYUR DEVASWAM,GURUVAYUR.P.O.THRISSUR-680101. 6. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF DEVASWAM SECRETARY THIRUVANANTHAPURAM-695001. R1 TO R5 BY ADV. SRI.V.KRISHNAN MENON R6 BY GOVT.PLEADER SRI.LAKSHMI NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ WP(C) No.37939 of 2010-N ------------------------------------------------------------------------ Dated 22nd December 2010 Judgment Thottathil.B.Radhakrishnan, J. This writ petition is filed invoking Article 226 of the Constitution of India. It is filed against the Administrator of the Guruvayoor Devaswom Managing Committee. 2. The petitioner was awarded a contract in connection with the renovation of Melpathur smaraka mandapam area and allied matters. On allegation of not having carried out the work in spite of repeated requests, the Devaswom Board has terminated that work at the risk and cost of the petitioner and has forfeited his security. The assertion of the Devaswom Board that the petitioner committed breach of contract is explicit in Ext.P9. The stand of the petitioner is nothing but denial of that assertion of the Devaswom. For one thing, the matter falls entirely within the realm of non-statutory contracts. Beyond that is the fact that the lis between the parties cannot be adjudicated and decided without answering the disputed questions of fact. In any view of the matter, we do not find room for entertaining this writ petition under Article 226 of the Constitution. The writ WPC 37939/10 2 petition fails and it is accordingly dismissed without prejudice to the right of the petitioner to seek redressal in jurisdictions elsewhere. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 37939/10 3