The Court disposed of the writ petition without granting relief, holding that the civil court is the appropriate forum to resolve the issues between the parties.
The writ petition is disposed of without granting the reliefs sought for in the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929
WP(C).No. 2650 of 2007(M)
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PETITIONER:
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MARKAZU SSAQUAFATHI SUNNIYYA, KARANTHUR P.O., KUNNAMANGALAM, KOZHIKODE DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY, A.P.ABOOBACKER MUSALIYAR.
BY ADV. SRI.K.M.FIROZ SRI.SHAJNA.M.
RESPONDENTS:
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1. N.JAYANANDAN, S/O.LATE SANKARAN, AGED 52 YEARS, NADUVICHALIL HOUSE, P.O.KARANTHUR, KUNNAMANGALAM AMSOM DESOM, KOZHIKODE DISTRICT.
2. THE SECRETARY, KUNNAMANGALAM GRAMA PANCHAYATH, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT.
BY ADV. SRI.AVM.SALAHUDIN SRI.K.P.SUDHEER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE, J.
W.P.(c).No. 2650 OF 2007
JUDGMENT
In view of the obvious position that subsequent to the filing of
the writ petition, the civil court became inclined to grant an interim order in favour of the party respondent ( on 02/03/2007) and the further position that even the civil miscellaneous appeal which was preferred by the petitioner against that interim order was unsuccessful, I am of the view that the issues between the parties should be resolved in the civil suit itself. I dispose of the writ petition without granting the reliefs sought for in the writ petition and relegating the parties to remedies from the civil court. It is made clear that Ext.P5 order of the Ombudsman will be subject to the trial decision to be taken by the Civil Court.
PIUS.C.KURIAKOSE JUDGE
sv.
1 issue framed by the court
Whether the writ petition should be disposed of by relegating the parties to civil court remedies.
Markazu SSAquafathi Sunniyya, Karanthur P.O., Kunnamangalam, Kozhikode District
N.Jayanandan
The Secretary, Kunnamangalam Grama Panchayath
Pius C. KuriaKose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
