IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 1511 of 2008(E)
1. GEORGE JOSEPH, S/O. JOSEPH, AGED 48 YRS,
... Petitioner
Vs
1. THE EXECUTIVE ENGINEER,
... Respondent
2. THE DISTRICT COLLECTOR,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.S.RAJKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :15/01/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 1511 of 2008
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Dated: January 15, 2008
JUDGMENT
Petitioner was awarded a contract for plying a boat in the
Malampuzha dam. The contract period was upto 23.1.2008. It is
stated by the petitioner that though he was given exclusive right for
plying the boat, a third party was allowed to ply the boat, as a result
of which petitioner’s income has been reduced substantially. In
view of this the petitioner has filed Ext.P3 representation for
extending the contract period. While the representation is pending,
tenders have been invited for the period subsequent to 23.1.2008.
It is in this background that the writ petition has been filed praying
for a direction to consider the representation deferring further
proceedings pursuant to the tender notice.
3. If, as a matter of fact, the respondents have committed any
breach of contract as contended by the petitioner, the remedy of the
petitioner lies in damages. That apart, he has not raised any
objection against an additional boat operator who is also stated to
WP(C) 1511/08
Page numbers
have been introduced by the respondents. At any rate, irrespective
of the claim that the petitioner has made against the respondent,
there is absolutely no justification for the petitioner praying for
extending the contract period or postponing invitation of tenders
now floated by Ext.P5. In view of this I am not prepared to grant the
reliefs sought for by the petitioner.
Writ Petition fails and is dismissed.
ANTONY DOMINIC, JUDGE
mt/-