IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2270 of 2007()
1. GOPALAN A.E.,
... Petitioner
Vs
1. THE DY.DIRECTOR,
... Respondent
2. THE ASST.DIRECTOR,
3. RAJAN
4. BABU T.R,
5. ALEY OUSEPH,
For Petitioner :SRI.K.N.CHANDRABABU
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH
Dated :28/11/2007
O R D E R
H.L. DATTU, CJ. & K.M. JOSEPH, J.
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WRIT APPEAL No.2270 of 2007
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Dated this the 28th day of November, 2007.
JUDGMENT
H.L.DATTU, CJ,
Primarily, being aggrieved by the order passed by the second respondent in
No.D2.153/2007 dated 13.4.2007, the petitioner was before this court in W.P.(C) 15358 of
2007. The learned Single Judge has rejected the writ petition by his order dated 15th June,
2007. This is how the petitioner is before us in this appeal.
2. In our opinion, if for any reason the petitioner is aggrieved by the orders
passed by the second respondent dated 13.4.2007, he has a right of appeal as provided
under Section 11 of the Kerala Survey and Boundaries Act. The appeal remedy so provided
is not only effective, but also efficacious remedy. Without exhausting the statutory appeal
remedy, petitioner could not have approached this court. Therefore, without going into the
merits or demerits of the case, the writ appeal is disposed of. Liberty is reserved to the
appellant/petitioner, if he so desires, to file appeal against Ext. P2 order passed by the
second respondent before the appropriate appellate forum within fifteen days from today.
If such an appeal is filed within the time so granted, the appellate authority shall dispose of
the appeal without reference to the period of limitation. All the contentions of both the
parties are left open.
Consequently, I.A. No.937 of 2007 is dismissed.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE
K.M. JOSEPH,
JUDGE
sb/DK.