IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 WP(C).No. 27499 of 2010(J) -------------------------------------- PETITIONER(S): -------------------- V.A.VASUDEVAN, S/O.APPUKUTTAN, AGED 52 YEARS, BUSINESSMAN, RESIDING AT `KARTHIKA', DHARMADAM P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------------------- 1. THE DIVISIONAL FOREST OFFICER, KANNUR, KANNUR DISTRICT. 2. THE CONSERVATOR OF FORESTS, KANNUR, KANNUR DISTRICT. 3. THE CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GP SRI.BENNY VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 27499 of 2010 J ``````````````````````````````````````````````````````` Dated this the 6th day of September, 2010 J U D G M E N T The petitioner seeks to quash clause 23(iv) of the condition attached to Exts.P3 and P4, agreements executed by the petitioner with the respondents. According to the petitioner, neither in Ext.P1 Tender- Cum-Auction Notice nor in Ext.P2, was there a condition similar to clause 23(iv) and, therefore, the inclusion of the said clause, was not on the basis of any consensus, and is vitiated by fraud and mistake. 2. Going by the agreements, Exts.P3 and P4, both these contain clause 23(iv) in terms of which, provisions of the Government Order mentioned therein, are applicable. Therefore, if the provision of the agreement is vitiated by fraud, coercion or any such vitiating factors, it is for the petitioner to adduce evidence and establish the said contention. Such adjudication is not possible in a proceeding under Section 226 of the Constitution of India. Therefore, the prayer sought for quashing the aforesaid clause or the other prayers cannot be granted in a writ petition. The writ petition is dismissed accordingly. (ANTONY DOMINIC, JUDGE) aks