High Court Kerala High Court

Assistant Commissioner vs Agni Sharman Namboodhiri on 15 October, 2008

Kerala High Court
Assistant Commissioner vs Agni Sharman Namboodhiri on 15 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP.No. 375 of 2008()


1. ASSISTANT COMMISSIONER,
                      ...  Petitioner
2. THE COMMISSIONER,
3. STATE OF KERALA,

                        Vs



1. AGNI SHARMAN NAMBOODHIRI,
                       ...       Respondent

2. K.P. DAMODARAN NAMBOODIRI,

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/10/2008

 O R D E R
           PIUS C. KURIAKOSE & ANTONY DOMINIC ,JJ.
           - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                           R.P.No.375 of 2008 in
                          O.P. No.19236 of 1997
           - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                         Dated: 15th October, 2008

                                    ORDER

Pius C.Kuriakose,J.

Heard the learned Government Pleader. He drew our attention

to Section 57 of the H.R. & C.E.Act and submitted that if at all the

writ petitioner is having a genuine grievance against Exts.P1 and P7,

he will have to prefer an appeal to the Commissioner under Section

61. The learned Government Pleader however conceded that if the

decision of the Commissioner considering an appeal under Section 61

comes to be against the petitioner, he may have a remedy before the

civil court. We find that Ext.P7 is a Government Order. That being so,

we do not find any infirmity in having relegated the writ petitioner to

remedies before the civil court. The Review Petition will stand

dismissed. However, it is made clear that the directions in the

judgment sought to be reviewed will be confined to the facts of this

case and will not be a precedent.

PIUS C.KURIAKOSE, JUDGE

ANTONY DOMINIC, JUDGE
srd