High Court Kerala High Court

George vs The District Collector on 30 March, 2010

Kerala High Court
George vs The District Collector on 30 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7516 of 2010(Q)


1. GEORGE, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. THE DISTRICT COLLECTOR, ERNAKULAM.
                       ...       Respondent

2. THE VILLAGE OFFICER, KUTTAMPUZHA.

                For Petitioner  :SRI.S.DILEEP (KALLAR)

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :30/03/2010

 O R D E R
          M.SASIDHARAN NAMBIAR,J.

           ------------------------------------------
             W.P.C.NO.7516 OF 2010
           ------------------------------------------
            Dated 30th March 2010


                        JUDGMENT

This petition is filed to quash

Ext.P2 communication issued by Assistant

Sessions court, Muvattupuzha to District

Collector to execute a distress warrant in

M.C.1/2008. When this petition was taken on

22/3/2010, petitioner asked how without

challenging order in M.C.1/2008 Ext.P2 can

be challenged, learned counsel appearing

for the petitioner submitted that records

in M.C.1/2008 are not available before the

trial court and so, petitioner is not in a

position to challenge that order. In view

of the said submission, registry was

directed to contact Assistant Sessions

Judge, Muvattupuzha to find out whether

Wpc 7516/10
2

records are available. It is reported that

entire records including the order in

M.C.1/2008 are available before the court. In

such circumstances, remedy of the petitioner is

to challenge the order passed in M.C.1/2008.

With liberty to challenge the order in

M.C.1/2008 by filing an appeal, petition is

dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.