Rajan P v. Mohanan
Case brief
What is this about?
The High Court of Kerala held that a writ petition challenging an award under Article 226 is not maintainable without first exhausting the statutory appellate remedy. The court referred to a concurrent Full Bench judgment but reposed the petitioner in appeal.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 18TH DAY OF MARCH 2015/27TH PHALGUNA, 1936
OP (MAC).No. 34 of 2015 (O)
AGAINST THE AWARD IN OPMV 1529/2006 of M.A.C.T., THALASSERY DATED 08-11-2013
PETITIONER(S):
1. RAJAN P, S/O KURUVAN, PALAKANDI VEEDU P.O PAYAM, KANNUR DISTRICT (OWNER OF THE VEHICLE BEARING NO. KL-13/C-7104)
2. MUJEEB RAHIMAN P, S/O EBRAHIM, PANKKADU HOUSE, P.O PAYAM PERUMPARAMBU, KANNUR DISTRICT. (DRIVER OF THE VEHICLE BEARING NO. KL-13/C- 7104)
BY ADVS.SRI.P.V.JAYACHANDRAN
SRI.E.B.SHIVANANDAN
Issues for consideration
2 issues framed by the court
Whether a writ petition challenging an award is maintainable without first exhausting the appellate remedy.
Whether a declaration of law in a Full Bench judgment can be invoked without challenging the impugned order in appeal.
Parties & counsel
- petitioner
RAJAN P
- petitioner
MUJEEB RAHIMAN P
- respondent
MOHANAN
- respondent
THE MANAGER M/S. UNITED INDIA INSURANCE COMPANY LIMITED
Coram
Case details
As recorded by the court registry
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