C.v.Issac v. State of Kerala
Case brief
What is this about?
Sole juristat ordered closure of the writ petition as the Court felt unable to decide the disputed money claim under Article 226, directing the petitioner to approach the civil court for redress while preserving limitation period.
What did the court decide?
Petition closed with liberty to file a suit; limitation period excludes the writ filing date thereafter.
What the court decided
WP(C) NO. 391 OF 2019
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 8TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943
WP(C) NO. 391 OF 2019
PETITIONER/S:
C.V.ISSAC AGED 58 YEARS S/O VARGHESE,CHERUTHOTTIL HOUSE, THAMMINAMATAM,RAMAMANGALAM(P.O), ERNAKULAM.
BY ADVS. SRI.NAGARAJ NARAYANAN FOR PETITIONER, SAIJO HASSAN SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.U.M.HASSAN SMT.P.PARVATHY SMT.SURYA P SHAJI
RESPONDENT/S:
1 STATE OF KERALA REP.BY ITS SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001.
Issues for consideration
1 issue framed by the court
Whether the High Court is in a position to adjudicate the disputed money claim between the petitioner and the Grama Panchayath while the suit is pending.
Parties & counsel
- petitioner
C.V. Issac
- respondent
State of Kerala
- respondent
The Kayanna Grama Panchayath
- respondent
The Secretary Kayanna Grama Panchayath
- respondent
The Assistant Engineer
Case details
As recorded by the court registry
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