IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 22068 of 2008(B) -------------------------- PETITIONER(S): --------------- C.K. GOPALAN, SOIL HOUSE, PUTHUPANAM.P.O, VADAKARA. BY ADV. SRI.M.R.NANDAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, THIRUVANANTHAPRUAM. 2. THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. ADV. SMT.A.G.ANEETHA, SC, COCHIN CORPN. FOR R2 GOVERNMENT PLEADER SMT. M.R. SREELATHA. SRI. S. RAMESH BABU - SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22068 of 2008 APPENDIX EXT.P1: COPY OF THE WORK ORDER NO.MOJ1/26240/06 DATED 1.12.2006 OF HEALTH OFFICER, KOCHI CORPORATION. EXT.P2: COPY OF THE BILL SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3: COPY OF THE LETTER PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P4: COPY OF THE JUDGMENT IN W.P.(C)NO.7886/2008 DATED 24.3.2008 OF THIS HON'BLE COURT. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.22068 OF 2008 ---------------------------------------- Dated this the 12th day of December, 2008 JUDGMENT The petitioner is a contractor, who has undertaken certain works on behalf of the 2nd respondent – Corporation. The petitioner's grievance in this writ petition is that the amounts due for the work has not been paid to him. 2. The Corporation has filed a counter affidavit, wherein it is stated that all amounts except an amount of Rs.5,91,145/- has been paid to the petitioner. In respect of the balance amounts, the 2nd respondent raises disputes regarding the entitlement of the petitioner. Since the liability is disputed, I do not think that the petitioner can get the matter adjudicated in a writ petition under Article 226 of the Constitution of India. Such disputes have to be resolved in a civil suit filed for that purpose. Therefore, without prejudice to such right of the petitioner, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd