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.
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R.P.No.375 of 2008 in
O.P. No.19236 of 1997
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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