High Court Kerala High Court

Gopalan A.E vs The Dy.Director on 28 November, 2007

Kerala High Court
Gopalan A.E vs The Dy.Director on 28 November, 2007
       

  

  

 
 
  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.
                         - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                           WRIT APPEAL No.2270 of 2007
                         - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                      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.