IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1511 of 2008(E) ------------------------- PETITIONER: ------------ GEORGE JOSEPH, S/O. JOSEPH, AGED 48 YRS, KULIRANIYIL, ANAKKAL, MALAMPUZHA, PALAKKAD. BY ADV. SRI.S.RAJKUMAR RESPONDENTS: ------------- 1. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA, PALAKKAD. 2. THE DISTRICT COLLECTOR, PALAKKAD. 3. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPT. OF IRIGATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 1511 of 2008 ------------------------------------- Dated: January 15, 2008 JUDGMENT Petitioner was awarded a contract for plying a boat in the Malampuzha dam. The contract period was upto 23.1.2008. It is stated by the petitioner that though he was given exclusive right for plying the boat, a third party was allowed to ply the boat, as a result of which petitioner's income has been reduced substantially. In view of this the petitioner has filed Ext.P3 representation for extending the contract period. While the representation is pending, tenders have been invited for the period subsequent to 23.1.2008. It is in this background that the writ petition has been filed praying for a direction to consider the representation deferring further proceedings pursuant to the tender notice. 3. If, as a matter of fact, the respondents have committed any breach of contract as contended by the petitioner, the remedy of the petitioner lies in damages. That apart, he has not raised any objection against an additional boat operator who is also stated to WP(C) 1511/08 Page numbers have been introduced by the respondents. At any rate, irrespective of the claim that the petitioner has made against the respondent, there is absolutely no justification for the petitioner praying for extending the contract period or postponing invitation of tenders now floated by Ext.P5. In view of this I am not prepared to grant the reliefs sought for by the petitioner. Writ Petition fails and is dismissed. ANTONY DOMINIC, JUDGE mt/-