V.C.Suresh vs. Travancore Devaswom Board - Tdb
Held
The High Court held that a writ petition under Article 226 of the Constitution of India is not maintainable for enforcing purely contractual obligations, especially when the contracts are non-statutory and governed by private law. It reiterated that such disputes, involving complex facts and evidence, should be pursued through ordinary civil remedies rather than extraordinary writ jurisdiction.
Facts
The petitioner, a contractor, sought a writ of mandamus from the Kerala High Court to compel the Travancore Devaswom Board to disburse payments for electrification and construction works, including GST reimbursement, under non-statutory contracts. The petitioner alleged non-payment for works completed at various Devaswoms and had issued a lawyer notice for the outstanding amounts.
Key Issues
The key legal issue was whether a writ petition under Article 226 of the Constitution of India is maintainable for a contractor to seek disbursement of amounts and reimbursement of GST arising from non-statutory contractual obligations with a State instrumentality.
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE G. GIRISH TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 WP(C) NO. 2087 OF 2024 PETITIONER:
V.C.SURESH, AGED 62 YEARS S/O BHASKARAN NAIR, MURUGA ELECTRICALS, PAROOPARAMBU BUILDING, NMC ROAD, IRUMPANAM P.O, ERNAKULAM - 682 309, RESIDING AT MADHAVAM, EROOR POST, NADAMA VILLAGE, ERNAKULAM DISTRICT, PIN - 682306
BY ADVS.T.MADHU C.R.SARADAMANI R.ANILKUMAR (KOTTAYAM) RENJISH S. MENON VRINDA T.S. AISWARYA JAYAPAL RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD - TDB DEVASWOM HEAD QUARTERS, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695003, REPRESENTED BY ITS SECRETARY. 2 THE CHIEF ENGINEER GENERAL WORKS DEPARTMENT, TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD JUNCTION, NANDANCODE, KAWDIAR POST, THIRUVANANTHAPURAM, PIN - 695003 3 THE EXECUTIVE ENGINEER ELECTRICAL SECTION, TRAVANCORE DEVASWOM BOARD, SREENIVASA IYER ROAD, THIRUNAKKARA, KOTTAYAM, PIN - 686001 4 THE ASSISTANT ENGINEER ELECTRICAL SECTION, TRAVANCORE DEVASWOM BOARD, SREENIVASA IYER ROAD, THIRUNAKKARA, KOTTAYAM, PIN -
2 W.P.(C)No.2087 of 20
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