IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 4371 of 2003(U)
1. JOSHY VARGHESE, THELAKKADAN HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY SECRETARY
... Respondent
2. KOOVAPPADY GRAMA PANCHAYAT, REP.BY ITS
3. PRESIDENT, KOOVAPPADY GRAMA PANCHAYAT
For Petitioner :SRI.V.RAJENDRAN (PERUMBAVOOR)
For Respondent :SRI.KOSHY GEORGE
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/06/2008
O R D E R
ANTONY DOMINIC, J
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O.P.No.4371 OF 2003
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Dated this the 27th day of June, 2008.
J U D G M E N T
The claim of the petitioner is for payment of certain
amounts due from the 2nd respondent. In view of the nature of
the dispute that is raised, it is not be possible to resolve the
factual controversy involved. In my view, the appropriate
remedy for the petitioner is to file a suit for recovery in a regular
civil court.
Learned counsel for the petitioner points out that this writ
petition was filed in the year 2003, and that the period of
pendency of this case should be excluded for counting limitation.
Taking note of the submission as above, I direct that the period
of pendency of the writ petition will be appropriately taken into
account for the purpose of limitation, if a proper application is
made by the petitioner.
With this clarification, this writ petition is closed.
ANTONY DOMINIC, JUDGE
bkn/-