Janardhanan vs. State Of Kerala
Held
The Court held that the disputes arose from commercial contracts and not statutory contracts. Such disputes, involving interpretation of terms and conditions and alleged breaches, are to be resolved in civil suits or arbitration, not through writ jurisdiction under Article 226.
Facts
The petitioners were lessees of a building complex belonging to a Devaswom. They alleged defects in construction, non-issuance of proper GST bills and TDS receipts, and failure to complete construction as per the project report. The Devaswom contended that modifications were made at the petitioner's request and that disputes arose from commercial contracts.
Key Issues
Whether disputes arising from commercial contracts with a statutory body can be adjudicated in writ proceedings, or if they require recourse to civil courts. The nature of the contract (commercial vs. statutory) and the scope of writ jurisdiction for contractual disputes were key issues.
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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 P.G. AJITHKUMAR THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 WP(C) NO.9988 OF 2022 PETITIONER: JANARDHANAN AGED 66 YEARS, S/O.KUMARAN NAIR, RESIDING AT KAKKARA HOUSE, BUILDING NO XXIX/315, KANDESWARAM DESOM, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, IRINJALAKUDA MUNICIPALITY, IRINJALAKUNDA P.O., THRISSUR DISTRICT-680 121 BY ADVS. SREEDEVI KYLASANATH ACHUTH KYLAS R.MAHESH MENON DEAGO JOHN K RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE COMMISSIONER, SREE KOODALMANIKYAM DEVASWOM, DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3 SREE KOODALMANIKYAM DEVASWOM, REPRESENTED BY ITS ADMINISTRATOR, DOOR NO 23/316, IRINJALAKUDA MUNICIPALITY, IRINJALAKUDA P.O., THRISSUR DISTRICT-680 121 4 ADDL.R4. E.G. SIJILKUMAR
2 W.P.(C) No.16593 of 2022& conn. case EDATHIPARAMBIL HOUSE, LOKAMALESWARAM P.O., KODUNGALLUR, THRISSUR DISTRICT, PIN 680 121. (ADD
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