IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 29779 of 2010(V) -------------------------- PETITIONER(S): --------------- JOSE P.ISSAC, GOVERNMENT CONTRACTOR, OONUKAL P.O., KOTHAMANGALAM, REPRESENTED BY POWER OF ATTORNEY HOLDER ARUN DAVID, S/O.C.P.DAVID, AGED 32 YEARS, RESIDING AT CHEMBAKOTTUKUDIYIL HOUSE, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. THE CHAIRMAN, KERALA STATE RURAL DEVELOPMENT BOARD, THIRUVANANTHAPURAM. 3. THE SPECIAL OFFICER, KERALA STATE RURAL DEVELOPMENT BOARD, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 5. THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. 6. THE SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.29779 OF 2010(V) -------------------------------------------------- Dated this the 28th day of September, 2010 J U D G M E N T Challenge in this writ petition is against Ext.P7. By Ext.P7 order, Ext.P6 application made by the petitioner claiming interest on the payment made belatedly has been rejected. A reading of Ext.P7 shows that according to the respondent, it was for reasons which are not attributable to them that delay has occurred. Therefore, if the petitioner is to succeed, necessarily the facts stated in Ext.P7 will have to be disproved, which cannot be done in a writ petition. In such circumstances, the remedy available to the petitioner is to move the civil court. Writ petition is closed leaving it open to the petitioner to approach the civil court. Writ Petition is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :