High Court Kerala High Court

N.G.Peter vs Nedumangadu Municipality & … on 15 June, 2009

Kerala High Court
N.G.Peter vs Nedumangadu Municipality & … on 15 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16407 of 2009(U)



1. N.G.PETER
                      ...  Petitioner

                        Vs

1. NEDUMANGADU MUNICIPALITY & OTHERS
                       ...       Respondent

                For Petitioner  :SRI.JOBY JACOB PULICKEKUDY

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :15/06/2009

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN, J.
                   -------------------------------------------
                   W.P(C).No.16407 OF 2009
                   -------------------------------------------
               Dated this the 15th day of June, 2009


                               JUDGMENT

The petitioner is a contractor. He states that he was

awarded a particular work by the first respondent. In relation to

that work, there are certain controversies. Ext.P5

representation made in answer to Ext.P4 notice clearly shows

that the controversies are those which have necessarily to fall for

adjudication of factual disputes in relation to the performance or

non-performance or breach of contract. Remedies may be

varied, but jurisdiction is not the High Court under article 226 of

the Constitution.

In Ext.P5, the petitioner has complained about the change

in the alignment of the retaining wall, about earth filling and

about the stand taken that a soil test has to be carried out before

taking measurement and entering it in the ‘M’ book. There is

also the question of variation of labour and other charges. These

are not matters where this Court is persuaded to direct

WPC.16407/09

Page numbers

consideration of a representation. If any representation is

unattended to, the petitioner has adequate remedies but not any

direction for consideration of that representation.

In the result, the writ petition fails. The same is dismissed

without prejudice to all other rights and remedies.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.20/6.