IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 12TH MARCH 2007 / 21ST PHALGUNA 1928 WP(C).No. 6931 of 2007(A) ------------------------- PETITIONER: ------------- T.K.RAJAN, CLASS - I CONTRACTOR, KANCHAN CENTRE, KULAI, MANGALORE. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ---------------- 1. KANHANGAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY,OFFICE OF THE KANHANGAD MUNICIPALITY KANHANGAD, KASARAGOD DISTRICT. 2. THE SECRETARY, KANHANGAD MUNICIPALITY, O/O.THE KANHANGAD MUNICIPALITY, KANHANGAD, KASARAGOD DISTRICT. 3. SREEKANTAN NAIR, P.W.D. CONTRACTOR, RESHMI NILAYAM, ALAMIPPALLY, KANHANGAD, KASARAGOD. 4. THE KANHANGAD MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRPERSON, O/O. THE KANHANGAD MUNICIPALITY, KANHANGAD, KASARAGOD DISTRICT. R3 BY ADV. SRI.SHIRAZ ABDULLA SRI.IMTHIYAZ AHAMED R1 & R2 BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.R.V.SATHYAPRIYAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 6931 OF 2007 ----------------------------------- Dated this the 12th day of March, 2007 JUDGMENT Detailed counter affidavit has been filed by the Municipality and also by the 3rd respondent. Of course, a reply affidavit has been filed by the petitioner. But I do not think that this Court will be able, in this proceedings under Article 226 of the Constitution, to resolve serious factual controversy which has now arisen as to whether Exts.P11 and P11 (a) had been willfully removed by the Municipality from the tender file submitted by the petitioner. Under these circumstances, the Writ Petition will stand dismissed. This judgment however will not stand in the way of the petitioner pursuing other remedies, if any, available to him. PIUS C. KURIAKOSE, JUDGE btt WPC 2