IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 17327 of 2008(K) -------------------------- PETITIONER: -------------- G.PREMKUMAR, S/O.GANGADHARAN, AGED 50, NIKHIL NIVAS, NELLIMOODU P.O., KANJIRAMKULAM P.O., THIRUVANANTHAPURAM-695 524. BY ADV. SRI.AJITH KRISHNAN RESPONDENTS: ----------------- 1. BHARATHIYA SANJAR NIGAM LTD., REPRESENTED BY ITS GENERAL MANAGER, TRANSMISSION PROJECT, MADHURAI, TAMIL NADU. 2. THE DIVISIONAL ENGINEER, BSNL, TRANSMISSION PROJECTS, MICROWAVE STATION, PONGUMOODU, THIRUVANANTHAPURAM-11. 3. THE DEPUTY GENERAL MANAGER, TRANSMISSION PROJECT, B.S.N.L. ERNAKULAM. BY ADV. SRI.C.M.SURESH BABU,SC,B.S.N.LTD. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.17327 of 2008 ================== Dated this the 5th day of August, 2008. J U D G M E N T The petitioner filed this writ petition complaining of delay in paying amounts due in respect of work done by the petitioner on behalf of the respondents. A statement has been filed on behalf of the respondents to the effect that the petitioner has not completed the work as contracted by him and that he has also caused damages to the water supply pipes as a result of which the District Collector has directed stoppage of the work. However, in the statement, the respondents admitted that an amount of Rs.92,143/- is due and it is ready for payment. 2. The learned Counsel for the petitioner would submit that non-completion of work by the petitioner cannot be attributed to him, since the respondents arbitrarily change the site location for the work. I am of opinion that these are all matters which are to W.P(C)No.17327 of 2008 - 2 - be proved by adducing evidence which the petitioner can do only in a suit for recovery of amounts allegedly due to the petitioner. Therefore, the writ petition is disposed of recording the submission of the respondents in their statement that an amount of Rs. 92,143/- is ready for payment to the petitioner and relegating the petitioner to the remedy by way of filing the suit for recovery of the balance amount allegedly due. S.SIRI JAGAN, JUDGE rhs