IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 3174 of 1996(C) ---------------------- PETITIONER: ------------------- A.JOSEPH, FOREST CONTRACTOR, MATTATHIL HOUSE, ARIYANKAVU P.O. BY ADV. SRI.K.K.JOHN RESPONDENTS: ---------------------- 1) FOREST RANGE OFFICER, KANAYAR. 2) DIVISIONAL FOREST OFFICER, ACHANCOIL. 3) CONSERVATOR OF FORESTS, KOLLAM. BY GOVERNMENT PLEADER SMT.T.B.REMANI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.5532/1996 & IA.NO.15320/2007 IN OP.NO.3174/1996-C. DISMISSED. 22.2.2008. Sd/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE LETTER DTD.18.3.1995 BY THE PETITIONER TO THE 3RD RESPONDENT. P1(a): COPY OF ACKNOWLEDGEMENT CARD DTD.22.8.1995. P2: COPY OF LETTER DTD.22.4.1995 BY THE PETITIONER TO THE RESPONDENTS. P3: COPY OF LETTER NO.C5.4326/94 DTD.5.5.1995 BY THE 2ND RESPONDENT TO THE PETITIONER. P4: COPY OF THE LAWYER NOTICE DTD.30.5.1995 BY THE PETITIONER'S COUNSEL TO THE DISTRICT COLLECTOR. P5: COPY OF NOTICE DTD.1.1.1996 BY TAHE FIRST RESPONDENT TO THE PETITIONER. P6: COPY OF LETTER DTD.17.1.1996 BY THE 2ND RESPONDENT TO THE PETITIONER. P7: COPY OF THE NOTIFICATION PUBLISHED IN THE DESABHIMANI DAILY DTD.4.2.1996. RESPONDENTS' EXHIBITS:- NIL. ( true copy ) P.A. TO JUDGE. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= OP.No.3174 of 1996-C. ========================= Dated this the 22nd day of February, 2008. J U D G M E N T The petitioner challenges Exts.P3, P5, P6 & P7 and seeks for a declaration that there is no concluded contract between the petitioner and the respondents in respect of the auction sale of teak poles conducted on 7.12.1994. There is a further prayer to refund the advance amount of Rs.20,000/- deposited by the petitioner on 7.12.1994. 2. The petitioner is a Forest Contractor. He participated in the auction for sale of teak poles and logs conducted on 7.12.1994 by the 2nd respondent. His bid was accepted and on the same day he deposited Rs.20,000/-. According to the petitioner, on 18.3.1995 he communicated a letter to the Conservator of Forests, Kollam withdrawing his offer as no confirmation was forthcoming even after three months. Ext.P1 is the said letter and Ext.P1(a) OP.No.3174 of 1996-C. -: 2 :- shows that the same was received on 22.3.1995. 3. The dispute arose when the respondents sought to recover various amounts from the petitioner stating that they have confirmed the bid in his favour on 22.4.1995. The matter is purely on the realm of contract. Further there are disputed questions of fact which arise for determination and they cannot be adjudicated under Article 226 of the Constitution of India. Therefore, the remedy of the petitioner is to approach the competent civil court and without prejudice the right to file a suit, this Original Petition is disposed of. 4. Since the Original Petition has been pending from the year 1996 the petitioner will be entitled to avail the period during which this Original Petition was pending for the purpose of Section 14 of the Limitation Act while filing the suit. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-