IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 28721 of 2006(T) ------------------------------------- PETITIONER(S): ---------------------- P.T.JOSEPH, S/O.THOMAS, AGED 51 YEARS, PERUVELIL HOUSE, KABANAGIRI P.O., PADICHIRA VILLAGE, VIA. PULPALLI, WAYANAD DISTRICT. BY ADV. SRI.K.V.PAVITHRAN RESPONDENT(S): ------------------------- SECRETARY, MULLANKOLLI GRAMA PANCHAYATH, MULLANKOLLI. ADV. SRI.K.BALACHANDRAN (MANGALATH) SRI.RAJESH NAIR SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.28721 of 2006 ---------------------------------------------- Dated 29th October, 2008. J U D G M E N T The prayer is for a direction to the respondent to release the amount withheld from the final bills. It is seen from the counter affidavit filed on behalf of the Panchayat that there are factual disputes involved in the matter, which cannot be settled in a proceedings under Article 226 of the Constitution of India. It is for the petitioner, hence to take recourse to his ordinary remedy before the civil court, or approach the Technical Committee, as stated in the counter affidavit. In the event of the petitioner approaching the civil court, it is made clear that the time taken for prosecuting this writ petition shall stand excluded while computing the period of limitation. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.28721 of 2006 ---------------------------------------------- J U D G M E N T Dated 29th October, 2008.