IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 15833 of 2007(I) -------------------------------------- PETITIONER: ------------------- SUNNY PAUL, S/O.POULOSE, AGED 33 YEARS, KOIKKAKUDY, KUTHUKUZHY, KOTHAMANGALAM. BY ADV. SRI.P.P.JACOB SRI.B.MANIMOHAN RESPONDENTS: ------------------------ 1. THE BLOCK DEVELOPMENT OFFICER, ADIMALI BLOCK OFFICE, ADIMALI, IDUKKI. 2. THE MANAGING COMMITTEE OF THE BLOCK DEVELOPMENT OFFICE, ADIMALI, REP.BY ITS CHAIRMAN. 3. THE PROJECT OFFICER, D.R.D.A., IDUKKI. 4. THE COMMISSIONERATE OF RURAL DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 5. SECRETARY TO GOVERNMENT, LOCAL WORKS DEPARTMENT, SECRETARIATE, TRIVANDRUM. ADV. SRI.N.K.SHYJU FOR R1,2 by GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.15833/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE TECHNICAL SANCTION ISSUED BY THE 3RD RESPONDENT DT. 12.5.2003. EXT.P2:- COPY OF THE REVISED ESTIMATE DT. 23.8.2005. EXT.P3:- COPY OF THE RESOL;UTION NO.6 DT. 1.10.04. EXT.P4:- COPY OF THE SUPPLEMENTARY AGREEMENT DT. 30.3.04. EXT.P5:- COPY OF THE COMPLETION CERTIFICATE ISSUED BY ASST. EXECUTIVE ENIGNEER DT. NIL. EXT.P6:- COPY OF THE FINAL BILL ISSUED BY 3RD RESPONDENT DT. 26.5.2006. EXT.P7;- COPY OF THE JUDGMENT IN WPC. 18215/06 DT. 25.10.2006. EXT.P8:- COPY OF THE CERTIFICATE ISSUED BY THE MANAGER, FEDERAL BANK DT. 8.11.2006. EXT.P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS DT. 124.2.2007. EXT.P10:- COPY OF THE REPORT FILED BY THE 1ST RESPONDENT TO THE RESPONDENTS 3 TO 5 DT. 24.3.2007. RESPONDENT'S EXHIBITS EXT.R1(a):- COPY OF THE AGREEMENT. EXT.R1(b):- GOVERNMENT CIRCULAR. /TRUE COPY/ P.A. TO JUDGE tss S.SIRI JAGAN, J ============== W.P.(C).No. 15833 OF 2007 ==================== Dated this the 14th day of July, 2008. J U D G M E N T The petitioner undertook certain contract work as per Ext.P1. Petitioner now seeks payment of the balance amount allegedly due to the petitioner in respect of the contract. A counter affidavit has been filed by the 1st respondent denying the liability to pay the same. Reasons are also mentioned therein. I am of opinion that these disputed questions of fact cannot be adjudicated in proceedings under Article 226 of the Constitution of India. Therefore the remedy of the petitioner lies in filing an appropriate suit for recovery of the said amount. Therefore, without prejudice to such right, this writ petition is dismissed. S.SIRI JAGAN, JUDGE bkn/-