IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23389 of 2011(W) ----------------------- PETITIONER : --------------------- M.T.ABDUL NAZAR, S/O.MOHAMMED, PWD CONTRACTOR, PO BEVINJA, THEKKIL FERRY, CHENGALA, KASARAGOD. BY ADVS. SRI.A.K.ABDUL AZEEZ SRI.RENJIT GEORGE RESPONDENT(S): ------------------------- 1. THE KERALA STATE ELECTRICITY BOARD, PATTOM, THIRUVANANTHAPURAM 695 004, REPRESENTED BY THE SECRETARY. 2. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KSEB, 110 KV SUB STATION COMPOUND, MALAPPURAM 676 509. R1 & R2 BY ADV. SRI. K.M. SATYANATHA MENON, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 23389 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE INTIMATION SENT BY THE PETITIONER DATED 9.1.2008. EXT.P2 : COPY OF THE INTIMATION SENT BY THE PETITIONER DATED 28.1.2008. EXT.P3 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 28002/08 DATED 22.9.2008. EXT.P4 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 1365/09 DATED 19.1.2009. EXT.P5 : COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IN LA II/1228/2009 DATED 17.3.2009. EXT.P6 : COPY OF THE JUDGMENT IN WP(C) 28522/2009 DATED 18.1.2010. EXT.P7 : COPY OF THE REMINDER DATED 10.6.2010 SENT TO THE RESPONDENTS. EXT.P8 : COPY OF THE REPLY ISSUED BY THE 2ND RESPONDENT DATED 9.7.2010. EXT.P9 : COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 1.11.2010. EXT.P10 : COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 13.1.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 23389 OF 2011 -------------------------- Dated this the 29th day of August, 2011 J U D G M E N T Ext.P10 letter dated 13.1.2011 sent by the second respondent to the petitioner is under challenge in this writ petition. By that letter, the petitioner was called upon to remit the sum of Rs.1,61,830/- with the Kerala State Electricity Board (hereinafter referred to as the “Board' for short). 2. The work of constructing the retaining wall and earth filling at the site of a 33KV sub station was awarded to the petitioner. The work was terminated at his risk and cost and retendered it to another contractor. By the impugned letter, the petitioner was called upon to deposit the sum of Rs.1,61,830/- payable by him to the Board after adjusting the amounts payable to him as per the final bills towards his liability. 3. The dispute raised by the petitioner arising out of a contract entered into by him with the Board is whether the WPC No.23389/2011 2 termination of the work at his risk and cost was lawful and whether the petitioner is liable to pay any amount to the Board. An adjudication of the claim made by the petitioner requires evidence oral and documentary to be adduced, which is not normally done in a proceeding under Article 226 of the Constitution of India. I accordingly decline jurisdiction and dismiss the writ petition reserving liberty with the petitioner to challenge Ext.P10 in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps