High Court Kerala High Court

K.C.Mohammed Iqbal vs The State Of Kerala on 8 April, 2009

Kerala High Court
K.C.Mohammed Iqbal vs The State Of Kerala on 8 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3889 of 2008(K)


1. K.C.MOHAMMED IQBAL, KAPPACHALIL
                      ...  Petitioner

                        Vs



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

2. THE DIVISIONAL FOREST OFFICER,

3. CHIEF CONSERVATOR OF FORESTS,

4. THE RANGE OFFICER, VELLIKULANGARA,

                For Petitioner  :SRI.R.RAJESH KORMATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :08/04/2009

 O R D E R
                        V.GIRI, J.
           --------------------------------------
                W.P.(C).No.3889 of 2008
           --------------------------------------
           Dated this the 8th day of April, 2009.


                       JUDGMENT

The petitioner participated in a tender floated

by the 2nd respondent for working down timber billets

and firewood from 1926 Chettikulam Teak Plantation of

Vellikulangara Range. Tender was confirmed on

28.11.2006 and agreement Ext.P1 was executed on

22.1.2007. The petitioner had deposited an amount of

Rs.20,000/- by way of security and he had also

deposited an amount of Rs.15,000/- by way of Earnest

Money Deposit for due fulfillment of the terms of the

conditions of the contract. But the petitioner’s grievance

is that he was not handed over the area for carrying out

the work in terms of the contract. This is in spite of

Exts.P2 and P3. But, by Ext.P4 communication, the

petitioner was intimated that apart from the work in

question, he had also taken another work for 1925

Kunnattupadam Teak Plantations. Since access to the

1925 Teak Plantation is through the 1926 Teak

W.P.(C).No.3889 of 2008

:: 2 ::

Plantation, the Department though it fit not to entrust

the work simultaneously as it may lead to confusion.

Ext.P4 was followed by Ext.P5 requiring the petitioner to

start the work. This writ petition is seeking a direction

that the petitioner stands discharged from the contract

and also for a direction to the respondents to refund the

Earnest Money Deposit and the security deposit made by

the petitioner.

2. The respondents have filed a counter

affidavit. In my view, the declaration as sought for by

the petitioner could be granted only by a Civil Court.

The question as to whether the respondents have

committed a breach in not handing over the work site

will require adduction of evidence. If the respondents

have been at fault, obviously the petitioner will be

entitled to be treated as discharged from the obligation

and in such circumstances, claim damages. These are

matters which can be agitated before the Civil Court and

not in proceedings under Article 226 of the Constitution

of India.

W.P.(C).No.3889 of 2008

:: 3 ::

In the circumstances, reserving the liberty of

the petitioner to approach the Civil Court in relation to

Ext.P1 agreement and the alleged breach on the part of

the respondents thereof, the writ petition is closed.

Sd/-

(V.GIRI)
JUDGE
sk/

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