IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 WP(C).No. 33168 of 2007(W) -------------------------- PETITIONER: ---------------------- R.SANTHOSH KUMAR, AGED 40 YEARS, S/O.RAVINDRAN NAIR, PROPRIETOR, MARUTHI HANDLOOMS, TC 28/1047, PRA-130, FORT P.O., THIRUVANANTHAPURAM-695 023. BY ADV. SRI.A.V.THOMAS SRI.JOJO GEORGE SRI.NIDHI SAM JOHNS RESPONDENTS: ------------------------ 1. THE HANDICRAFTS DEVELOPMENT CORPORATION OF KERALA LIMITED, PUTHENCHANTHAI, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. S.SOMANATHAN PILLAI, MANAGING DIRECTOR, THE HANDICRAFTS DEVELOPMENT CORPORATION OF KERALA LIMITED, PUTHENCHANTHAI, THIRUVANANTHAPURAM. 3. GOVERNMENT OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------- W.P.(C)No.33168 OF 2007 ----------------------------- DATED THIS THE 19TH DAY OF FEBRUARY, 2008 J U D G M E N T In this writ petition, the petitioner mainly prays for a direction to the respondent to release the amounts that are due to the petitioner towards the value of the items supplied to them. Respondents have filed a counter affidavit in which serious disputes have been raised about their very liability. It is also contended that the claims made by the petitioner is barred by limitation. In view of the contentions, especially, concerning the very liability to the respondent, I do not think that the petitioner can be granted any relief in a petition under Article 226 of the Constitution of India. This writ petition is therefore disposed of leaving open to the petitioner to pursue his claims in appropriate proceedings and without prejudice to the contentions of either side. ANTONY DOMINIC, JUDGE. dsn