IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 3889 of 2008(K) ------------------------------------ PETITIONER(S): ---------------------- K.C. MOHAMMED IQBAL, KAPPACHALIL HOUSE, MAMPAD COLLEGE P.O., MALAPPURAM DISTRICT. BY ADV. MR.R.RAJESH KORMATH RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, CHALAKKUDY, FOREST DIVISION, CHALAKKUDY, ERNAKULAM DISTRICT. 3. CHIEF CONSERVATOR OF FORESTS, (REGIONAL NORTH), FOREST COMPLEX, MATHOTTAM P.O., KOZHIKODE. 4. THE RANGE OFFICER, VELLIKULANGARA, FOREST RANGE OFFICE, VELLIKULANGARA, KODALI P.O., THRISSUR DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER MR.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 3889/2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREMENT NO.3/2007 DATED 22/01/2007 ENTERED INTO BETWEEN THE PETITIONR AND THE FIRST RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DATED 22/03/2007 SENT BY THE PETITIONER TO THE SECOND RESPONDENT DIVISIONAL FOREST OFFICER. EXT.P3: COPY OF THE REPRESENTATION DATED 30/05/2007 SENT BY THE PETITIONER TO THE SECOND RESPONDENT DIVISIONAL FOREST OFFICER. EXT.P4: COPY OF THE COMMUNICATION DATED 29/09/2007 ADDRESSED TO THE PETITIONER. EXT.P5: COPY OF THE COMMUNICATION DATED 11/10/2007, SENT BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S ANNEXURE: ANNEXURE-R2(a): COPY OF THE UNDERTAKING DATED 21/11/2007. //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. -------------------------------------- W.P.(C).No.3889 of 2008 -------------------------------------- Dated this the 8th day of April, 2009. JUDGMENT The petitioner participated in a tender floated by the 2nd respondent for working down timber billets and firewood from 1926 Chettikulam Teak Plantation of Vellikulangara Range. Tender was confirmed on 28.11.2006 and agreement Ext.P1 was executed on 22.1.2007. The petitioner had deposited an amount of Rs.20,000/- by way of security and he had also deposited an amount of Rs.15,000/- by way of Earnest Money Deposit for due fulfillment of the terms of the conditions of the contract. But the petitioner's grievance is that he was not handed over the area for carrying out the work in terms of the contract. This is in spite of Exts.P2 and P3. But, by Ext.P4 communication, the petitioner was intimated that apart from the work in question, he had also taken another work for 1925 Kunnattupadam Teak Plantations. Since access to the 1925 Teak Plantation is through the 1926 Teak W.P.(C).No.3889 of 2008 :: 2 :: Plantation, the Department though it fit not to entrust the work simultaneously as it may lead to confusion. Ext.P4 was followed by Ext.P5 requiring the petitioner to start the work. This writ petition is seeking a direction that the petitioner stands discharged from the contract and also for a direction to the respondents to refund the Earnest Money Deposit and the security deposit made by the petitioner. 2. The respondents have filed a counter affidavit. In my view, the declaration as sought for by the petitioner could be granted only by a Civil Court. The question as to whether the respondents have committed a breach in not handing over the work site will require adduction of evidence. If the respondents have been at fault, obviously the petitioner will be entitled to be treated as discharged from the obligation and in such circumstances, claim damages. These are matters which can be agitated before the Civil Court and not in proceedings under Article 226 of the Constitution of India. W.P.(C).No.3889 of 2008 :: 3 :: In the circumstances, reserving the liberty of the petitioner to approach the Civil Court in relation to Ext.P1 agreement and the alleged breach on the part of the respondents thereof, the writ petition is closed. Sd/- (V.GIRI) JUDGE sk/ //true copy//