IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 23794 of 2007(G) ----------------------------------------- PETITIONER(S): ------------------------ ARTS CARS, 29/1(H), ATS BUILDING, SAHODARAN AYYAPPAN ROAD, VYTTILA, COCHIN-682011, REPRESENTED BY ITS PROPRIETRIX, SMT.V.V.SREEDEVI, AGED 42 YEARS, RESIDING AT ARAKKATHARA HOUSE, PALLURUTHY VILLAGE, KOCHI TALUK BY ADVS. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY SRI.ANOOP.V.NAIR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM. 2. THE DIRECTOR, TOURISM DIRECTORATE, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM. 3. THE REGIONAL JOINT DIRECTOR, DEPARTMENT OF TOURISM, ERNAKULAM. 4. THE REGIONAL JOINT DIRECTOR, DEPARTMENT OF TOURISM, THIRUVANANTHAPURAM. 5. THE REGIONAL JOINT DIRECTOR, DEPARTMENT OF TOURISM, KOZHIKODE. 6. THE REGIONAL JOINT DIRECTOR, DEPARTMENT OF TOURISM, THRISSUR. R1 TO R6 BY GOVERNMENT PLEADER SRI.MATHEW VADAKKEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.23794/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LETTER NO.A4-1628/2002 DATED 22/01/2003 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE AGREEMENT DATED 01/02/2003 ENTERED INTO BETWEEN THE PETITIONER AND THE GOVERNMENT OF KERALA. P3 COPY OF THE COVERING LETTER DATED 07/03/2003 ISSUED BY THE 2ND RESPONDENT. P4 COPY OF THE LETTER DATED 28/01/2006 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P5 COPY OF THE LETTER DATED 17/05/2006 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P6 COPY OF THE LETTER DATED 19/08/2006 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT. P7 COPY OF THE POSTAL RECEIPTS (3 NOS) P8 COPY OF THE POSTAL A/D CARDS (3 NOS) P9 COPY OF THE ACCOUNTS OF THE PETITIONER MAINTAINED IN THE NAME OF THE ERNAKULAM GUEST HOUSE. P10 COPY OF THE ACCOUNTS OF THE PETITIONER MAINTAINED IN THE NAME OF THE THIRUVANANTHAPURAM GUEST HOUSE. P11 COPY OF THE ACCOUNTS OF THE PETITIONER MAINTAINED IN THE NAME OF THE KOZHIKODE GUEST HOUSE. P12 COPY OF THE ACCOUNTS OF THE PETITIONER MAINTAINED IN THE NAME OF THE THRISSUR GUEST HOUSE. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J --------------------------------------- W.P(C) No.23794 of 2007 ---------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T The petitioner has filed this writ petition praying for a direction to respondents to pay the amount due to the petitioner, for providing taxi vehicles in pursuance of Ext.P2 agreement. According to the petitioner, the total amount due was Rs.8,20,854.28 and that deducting the payments already made, the balance amount still due comes to Rs.7,62,015.13. Exts.P9 to P12 are relied on to substantiate his contention. 2. However, according to the respondents, the amount due to the petitioner has been quantified and the actual amount due to the petitioner is Rs.2,81,165/-. The respondents are disputing the balance amount claimed by the petitioner. 3. In a proceedings under Article 226 of the Constitution of India, this Court cannot adjudicate any disputed liability which need appreciation of evidence and W.P(C) No.23794 of 2007 2 can only to direct discharge of admitted liability. From the case of the respondents it is obvious that the total admitted amount due is only Rs.2,81,165/- . 4. In view of that, the 2nd respondent is directed to pay the admitted amount of Rs.2,81,165/- to the petitioner which shall be paid as expeditiously as possible, at any rate within four weeks from the date of production of a copy of this judgment. 5. In so far as the balance if any due, to the petitioner is concerned, the claim is left open and it is for the petitioner to institute appropriate proceedings for recovery of the same. The Writ Petition is disposed of. ANTONY DOMINIC JUDGE ab