IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 16033 of 2006(H) -------------------------- PETITIONER: --------------- SRIHARI.T.S. S/O.SRINIVASAN, THENGAYATHU HOUSE, MALAYALAPUZHA, ERAM P.O. PATHANAMTHITTA . BY ADVS. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: ---------------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, CIVIL MAINTENANCE, SUB DIVISION, MOOZHIYAR P.O. PATHANAMTHITTA. 2. THE EXECUTIVE ENGINEER,(CIVIL MAINTENANCE) KERALA STATE ELECTRICITY BOARD, KONNI P.O. PATHANAMTHITTA. 3. THE DEPUTY CHIEF ENGINEER, CIVIL CIRCLE, PALLAM, KOTTAYAM. 4. KERALA STATE ELECTRICITY BOARD, REP. BY THE SECRETARY, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R1 TO 4 SRI. P.P. THAJUDDIN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm V.GIRI,J. ------------------------- W.P ( C) No.16033 of 2006 -------------------------- Dated this the 25th September, 2008 J U D G M E N T Petitioner seeks a direction to the respondents to disburse the contract amount due to him in relation to a contract which he had executed with the Electricity Board involving construction of the approach road to Anathodu Dam. Electricity Board has filed a counter affidavit contending that there is a higher amount due from the petitioner for the the loss sustained by the Board for re- arranging another work which was originally entrusted to the petitioner but which was subsequently cancelled at his own risk and cost. What is involved is a claim and counter claim by the parties to a contract. In these circumstances, remedy of the petitioner is before the Civil Court. Reserving the right of the petitioner to approach the Civil Court, the writ petition is closed. (V.GIRI,JUDGE) ma 2 3 (V.GIRI,JUDG 4 E) ma 5