K.S.Menon vs The Area Manaer on 8 June, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 1727 of 2006(C)


1. K.S.MENON, ADVOCATE,
                      ...  Petitioner

                        Vs



1. THE AREA MANAER, SOUTHERN RAILWAYS,
                       ...       Respondent

2. SUPERINTENDENT, ERNAKULAM TOWN (NORTH),

3. COCHIN CORPORATION,

4. CITY POLICE COMMISSIONER,

                For Petitioner  :SRI.C.K.RAMAKRISHNAN

                For Respondent  :SRI.K.R.SUNIL,SC CORPORATION OF KOCHI

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN

 Dated :08/06/2007

 O R D E R
                            H.L.Dattu,C.J. & K.T.Sankaran,J.

                            ----------------------------------------------

                                 W.A.No.1727 of 2006-C

                            ----------------------------------------------


                           Dated, this the 8th day of June, 2007


                                           JUDGMENT

K.T.Sankaran,J.

The reliefs prayed for in the writ petition are the following:

“A. Issue a writ of mandamus or other appropriate writ or

order or direction directing the railway to close down the

unauthorized entry to eastern side from E.S.I. Road near

petitioner’s house or to the remaining portion of E.S.I. Road.

B. Direct the police to prohibit and take action against the

unauthorized parking of Autoriksha and cars in the private

land on the eastern side of E.S.I.Road”.

2. An interim order dated 9.8.2005 was passed in the writ

petition and on the basis of that interim order, survey of the land was

conducted. The learned Single Judge held that it is open to the Railway and

the Tahsildar, Kanayannur to take further proceedings in that regard in

accordance with law.

3. As far as the reliefs prayed for in the writ petition are

concerned, the learned Single Judge held that the jurisdiction under Article

226 of the Constitution cannot be exercised to grant the reliefs.

4. On going through the pleadings, the arguments of the

party-in-person and after perusing the judgment of the learned Single Judge,

we are of the view that there is no scope for our interference in the Writ

Appeal. The contentions put forward by the appellant are all matters be

W.A.No.1727 of 2006-C – 2 –

agitated before the civil Court having jurisdiction. A writ petition under Article

226 is not maintainable for the said reliefs.

The Writ Appeal lacks merits and it is, accordingly, dismissed.

Consequently, I.A.No.145 of 2007 is also dismissed.

H.L.Dattu

Chief Justice

K.T.Sankaran

Judge

vku/-