High Court Kerala High Court

Vipinkumar Menon vs State Of Kerala Represented By The on 27 November, 2007

Kerala High Court
Vipinkumar Menon vs State Of Kerala Represented By The on 27 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32432 of 2007(J)


1. VIPINKUMAR MENON,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE GURUVAYOOR DEVASOWM MANAGING

3. ADMINISTRATOR

4. TEMPLE MANAGER

5. CHAIRMAN,

                For Petitioner  :SRI.SHAJI P.CHALY

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :27/11/2007

 O R D E R
                  ANTONY DOMINIC, J.

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              W.P.(C) No. 32432 OF 2007 J
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           Dated this the 27th November, 2007

                   J U D G M E N T

The petitioner who was awarded work order for the

supply of various types of plantains and bananas during

the period 18/4/07 onwards, could not, for his own

reasons make supply to the Board. Finally, alleging

that he had committed breach of contract, his earnest

money deposit and security deposits were forfeited and

this decision of the Board was communicated to the

petitioner by Ext.P7. It is in this background that

the writ petition has been filed praying for directing

the respondents to release the security deposit offered

by way of fixed deposit and also the earnest money

deposit.

2. On the merits, I am satisfied that the issue

raised arises under a contract and the question as to

whether breach of contract has been committed, and if

so, who has committed it and what are the consequences

thereupon etc., are matters, which cannot be decided in

a writ petition.

W.P.(C)No.32432/2007

– 2 –

In view of this, without prejudice to the

contentions and the rights of the parties, this writ

petition is closed.

ANTONY DOMINIC
JUDGE
Rp/-