IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 5664 of 2008(Y) --------------------------------- PETITIONER: ---------------- P.M.HASSANKUTTY PARAPPALLIL HOUSE, KUMMANAM P.O.,KOTTAYAM. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) RESPONDENTS: ------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.5664 OF 2008 ---------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT The petitioner complains that although the contract of removal of valued SSLC answer papers was awarded to the petitioner, the petitioner has not been permitted to remove the answer sheets for the District, Idukki. The petitioner seeks the following relief: “i) issue a writ of mandamus or any other appropriate writ order or direction directing the 2 nd respondent to allow the petitioner to remove the valued SSLC answer papers for the year March 2005 in terms of Exts.P1 and P2.” A statement has been filed by the 2nd respondent to the effect that there are no more answer sheets available. In such circumstances, the petitioner can only seek damages for breach of contract, if there is such a breach of contract and the petitioner is eligible for damages. Such remedies have to be W.P.(c)No.5664/08 2 prosecuted by the petitioner in a properly constituted suit filed for that purpose. Therefore, without prejudice to the right of the petitioner to file a suit for the same cause of action, this writ petition is closed. S. SIRI JAGAN, JUDGE Acd