IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 4377 of 2010(V) ------------------------- PETITIONER(S): --------------- M/S.SIVASAKTHI ENGINEERING & FABRICATORS, 142, CHANDRA NAGAR, PALAKKAD 678 007, REPRESENTED BY ITS MANAGING PARTNER, SRI.P.E.SUBRAMANIAN. BY ADV. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENT(S): --------------- 1. THE KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM- 695 004, REPRESENTED BY ITS CHAIRMAN. 2. THE MEMBER (DISTRIBUTION), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-694 004. 3. THE CHIEF ENGINEER (T.C & M), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B FOR R1TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 4377 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th day of June, 2010. J U D G M E N T The petitioner's grievance in this writ petition is that while amounts are due to him in respect of certain contracts alleged to have been executed by the petitioner, the Kerala State Electricity Board has initiated proceedings for recovery of further amounts from the petitioner on the allegation that there is excess payment. I am of opinion that whether any amount is due to the petitioner or whether any amount has been paid in excess to the petitioner are matters which require evidence for resolution. The same can be done only in a suit instituted for that purpose. Therefore, without prejudice to the right of the petitioner to file a suit in respect of the subject matter in this writ petition, this writ petition is closed. However, in order to enable the petitioner to file a suit and seek interim orders in the said suit, further proceedings for recovery of any amount from the petitioner shall be kept in abeyance for a period of three months. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.