Jose P.Issac vs State Of Kerala Represented on 28 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29779 of 2010(V)


1. JOSE P.ISSAC, GOVERNMENT CONTRACTOR,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

2. THE CHAIRMAN, KERALA STATE RURAL

3. THE SPECIAL OFFICER,

4. THE CHIEF ENGINEER,

5. THE SECRETARY,

6. THE SECRETARY, FINANCE DEPARTMENT,

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/09/2010

 O R D E R
                       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/

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