IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 32565 of 2008(B) ----------------------------------------- PETITIONER(S): ------------------------ M.A JOSE,MECHERYHOUSE, MELOOR 680 311. BY ADV. SRI.SHEEJO CHACKO SRI.M.N.MANOJ SRIA.G.UNNIKRISHNAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO WATER RESOURCES DEPARTMENT, SECRETARIAT,THIRUVANATHAPURAM. 2. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, 'JALABHAVAN', THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, ERNAKULAM. 4. EXECUTIVE ENGINEER, P.H. DIVISION, KERALA WATER AUTHORITY, IRINJALAKUDA. 5. ASSISTANT ENGINEER, P.H. SECTION, KERALA WATER AUTHORITY, OLLUR. GOVERNMENT PLEADER SRI. P.N.SANTHOSH FOR R1 ADV. SMT.AMBIKA DEVI, SC, KWA FOR R2 TO 5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V. GIRI, J. ------------------------------- WP(C).NO. 32565 of 2008 --------------------------------- Dated this the 11th day of December, 2008. JUDGMENT The petitioner challenges Ext.P13 order by which the Water Authority had terminated the contract awarded by the 4th respondent and had ordered to rearrange the work at his risk and cost. On a perusal of Ext.P13, it will show that there is a serious dispute on the question as to who was in breach of the contract; whether the petitioner or the Water Authority. At present Ext.P13 does not contemplate imposition of any damages. If the petitioner is aggrieved by the termination of the contract by the respondents, then it is up to him to approach the competent civil court, praying for appropriate reliefs. Reserving the liberty of the petitioner to approach the civil court for appropriate relief, the writ petition is closed. It is made clear that if the Water Authority proposes to recover any amount from the petitioner by way of difference between the amount, payable to the petitioner and that which will now be payable to the subsequent contractor, the proceedings shall be kept in WPC. 32565/2008 2 abeyance for a period of three months from today to enable the petitioner to send a notice and then approach the civil court for appropriate reliefs. V. GIRI, JUDGE. Pmn/