IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27907 of 2011(K) --------------------------------------- PETITIONERS: --------------------- 1. ABHIMANYU, AGED 59 YEARS, S/O.NEELAMBARAN,MALISSERIL HOUSE, ARATTUPUZHA,KARTHIKAPPILLY,ALAPPUZHA DIST. 2. P.RAJU,AGED 49 YEARS, S/O.PONNAPPAN,KOCHUTHOTTATHIL HOUSE, PRAYAR SOUTH,KARUNAGAPPALLY,KOLLAM DISTRICT 3. MEERABHAI, AGED 43 YEARS, D/O.CHANDRAVATHY,VAZHAPPARAMBIL HOUSE, AZHEEKKAL,KARUNAGAPPILLY,KOLLAM DIST. 4. PONNUMON,AGED 38 YEARS, S/O.GOPI,PUTHENMANNEL HOUSE, AZHEEKKAL,KARUNAGAPPILLY,KOLLAM DIST. BY ADV. SRI.JESWIN P.VARGHESE. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HARBOUR ENGINEERING,SECRETARIAT, TRIVANDRUM- 695 001. 2. THE EXECUTIVE ENGINEER, HARBOUR ENGINEERING DIVISION, MUNICIPAL SOUTHERN BUILDING, CONTONMENT ROAD,ALAPPUZHA - 698 143. W.P.(C).NO.27907/2011-K: 3. THE ASSISTANT EXECUTIVE ENGINEER, HARBOUR ENGINEERING SUB DIVISION, AZHEEKKAL,KARUNAGAPPILLY,KOLLAM DIST.,- 698 151. R1 TO R3 BY GOVT. PLEADER SRI. MOHAMMED SHAH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.27907/2011-K: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE 3RD RESPONDENT DATED 17.03.2011 EXT.P2: TRUE COPY OF THE AGREEMENT EXECUTED BY THE 1ST PETITIONER DATED 24.02.2011 EXT.P2(A): TRUE COPY OF THE AGREEMENT EXECUTED BY THE 2ND PETITIONER DATED 01.03.2011 EXT.P2(B): TRUE COPY OF THE AGREEMENT EXECUTED BY THE 3RD PETITIONER DATED 24.02.2011 EXT.P2(C): TRUE COPY OF THE AGREEMENT EXECUTED BY THE 4TH PETITIONER DATED 24.02.2011 EXT.P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 09.05.2011 EXT.P3(A): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 30.09.2011 EXT.P3(B): TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER DATED 28.09.2011 EXT.P4: TRUE COPY OF THE AUCTION NOTICE ISSUED BY THE 2ND RESPONDENT DATED 23.09.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27907 of 2011 K ``````````````````````````````````````````````````````````` Dated this the 20th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners had auctioned various rooms in the Kayamkulam Fishery Harbour. Period specified was six months and accordingly, Ext.P2 series of agreements were also executed. According to the petitioners, though the auction was held on 28.01.2011 and agreements were executed on 24.02.2011, due to the delay in getting electricity and water connection, they could open and make use of the rooms only with effect from 01.06.2011. It is stated that thereafter also the rooms had to be closed for various reasons. In substance, what they say is, since they could not actually use the rooms for six months period, they want the contract period proportionately extended and for that purpose, they made representations which are pending. It is stated that, while the representations are so pending, the authorities have issued auction notice for auctioning the W.P.(C) No.27907/2011 : 2 : rooms for period subsequent to the contract period. It is complaining of the above, the writ petition is filed. 2. In my view, the relationship between the parties is purely contractual. Therefore, the right of the petitioners to have the rooms in their possession is also regulated by the terms of the contract. In such circumstances, they have no legal right whatsoever to claim that the contract period should be extended for any reason. In such circumstances, I see no substance in the representations filed and, therefore, they cannot be ordered to be considered. Writ petition fails and accordingly, it is dismissed. Sd/- (ANTONY DOMINIC, JUDGE) aks/20/10 // True Copy // P.A. To Judge