High CourtsSingle Bench(2022) 02 KL CK 0106

Paulose P.A vs Secretary

High Court Of Kerala · Decided on 11 February 2022

HON’BLE JUDGES
T.R.Ravi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 26336 Of 2021

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Judgment

11 paragraphs · 195 words

T.R. Ravi, J.

1.

The writ petition has been filed challenging the notices issued as Exts.P8, P10 & P11 by the 1st respondent. At the time of admission, this Court

had passed an interim order stating that further steps pursuant to the notice issued shall be taken only after considering the representation submitted by

the petitioner.

2.

The learned counsel for the 1st respondent submits that the petitioner had an alternate remedy of filing an appeal against the orders and instead of

it, he has approached this Court. The learned counsel for the petitioner submits that pending the writ petition a civil suit has already been filed before

the Munsiff Court, Perumbavoor and the same has been numbered as O.S.No.47/2022, wherein the petitioner has sought for fixation of boundaries.

The civil dispute between the petitioner and the 2nd respondent cannot be adjudicated in this writ petition and the petitioner will have to be relegated to

the remedy before the civil court.

In the above circumstances, this writ petition is closed making the interim order absolute. The 1st respondent shall while considering the representation

of the petitioner, hear the petitioner as well as the 2nd respondent.