IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 23910 of 2011(K) -------------------------- PETITIONER(S): --------------- SIRLY JOSE,P.W.D CONTRACTOR, VALIYA PARAMBIL,THACHAMPARA, PALAKKAD DISTRICT. BY ADV. SRI.C.K.RAMAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IRRIGATION DEPARTMENT,THIRUVANANTHAPURAM PIN 695 001. 2. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, PUBLIC BUILDINGS,MUSEUM P.O., THIRUVANANTHAPURAM 695 002. 3. THE EXECUTIVE ENGINEER IRRIGATION DIVISION, MALAPPURAM 676 505. R1 TO R3 BY SR.GOVT. PLEADER M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WPC NO:23910/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE TENDER NOTICE DATED 8.8.08 P2: COPY OF THE SELECTION NOTICE FOR ANJUDI FOOT BRIDGE DT.27.10.09 P3: COPY OF THE SELECTION NOTIC FOR CHAPAPADI FOOT BRIDGE DT.27.10.09 P4: COPY OF THE SELECTION NOTICE FOR SALAH NAGAR FOOT BRIDGE DT.27.10.09 P5: COPY OF THE ORDER NO:D2/2662/07 DT.20.11.2009 P6: COPY OF THE AGREEMENT FOR THE CONSTRUCTION OF ANJUDI FOOT BRIDGE DT.20.11.2009 P7: COPY OF ORER NO:D3/1404/08 DT.20.11.2009 P8: COPY OF THE AGREEMNT FOR THE CONSTRUCTION OF CHAPAPAI FOOT BRIDGE DT.20.11.2009 P9: COPY OF ORDER NO:D2/2653/07 DT.20.11.2009 P10: COPY OF THE AGREEMENT FOR THE CONSTRUCTION OF CHAPAPADI FOOT BRIDGE DT.20.11.2009 P11: COPY OF THE REPRESENTATION WITH ACKNOWLEDGEMENT RECEIPT DT.15.11.2010 P12: COPY OF THE TERMINATION ORDER DATED 24.11.2010 FOR THE CONSTRUCTION OF SALAFI NAGAR FOOT BRIDGE P13: COPY OF THE TERMINATION ORDER DATED 24.11.2010 FOR THE CONSTRUCTION OF ANJUDI FOOT BRIDGE P14: COPY OF THE DEPARTMENTAL LETTER DATED 1.3.2010 P15: COPY OF THE REPRESENTATION SUBMITTED BY THE IRRIGATION DEPT. DT.22.2.2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE JJJ ANTONY DOMINIC, J. ================ W.P.(C) NO. 23910 OF 2011 ===================== Dated this the 26th day of September, 2011 J U D G M E N T Petitioner is a contractor. It is stated that in pursuance to Ext.P1 tender notice, he submitted his tenders and in so far as this writ petition is concerned, for three contract works, he was issued Exts.P2, P3 and P4 selection notices. Accordingly agreement was executed, but however, the contracts were terminated by Exts.P12 and P13 at the risk and cost of the petitioner and the security deposits made were also forfeited. In this writ petition, the prayer sought by the petitioner is to set aside Exts.P12 and P13 cancelling the contracts mentioned therein. While the cancellation of the contract is on the basis that despite having awarded the contract and executed the agreement and inspite of the extension of time granted, petitioner did not complete the work, on the other hand, petitioner contends that the delay in issuing the selection notices and the obstruction caused by the general public were the reasons which disabled the petitioner from completing the course. 2. Essentially therefore the issues raised in the writ WPC No. 23910/11 :2 : petition involve disputed questions of fact and those questions are incapable of resolution in a proceedings under Article 226 of the Constitution of India. Therefore, the remedy of the petitioner, if at all, lies before a Civil Court and not in a writ petition. Writ petition is dismissed without prejudice to the contentions and leaving it open to the petitioner to work out his remedies before the civil court. ANTONY DOMINIC, JUDGE Rp