High Court of KeralaWP(C)/29164/2014dismissed

Divakaran Thampi v. State Of Kerala

2015-01-28Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 28TH DAY OF JANUARY 2014/8TH MAGHA, 1935 WP(C).No. 29164 of 2014 (U) ---------------------------- PETITIONERS:

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1. M.K. DIVAKARAN THAMPI, METHANATH HOUSE, VELLOORKUNNAM VILLAGE, MARKET P.O., MUVATTUPUZHA, ERNAKULAM 686 673.

2. NAYINI THAMPI, METHANATH HOUSE, VELLOORKUNNAM VILLAGE, MARKET P.O., MUVATTUPUZHA, ERNAKULAM 686 673.

BY ADVS.SRI.T.R.JAGADEESH SRI.V.A.VINOD RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPATMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM 695001

2. THE KERALA STATE WAREHOUSING CORPORATION, RERPESENTED BY ITS MANAGING DIRECTOR, WAREHOUSING CORPORATION ROAD, P.B NO 1727, KOCHI - 682 016.

3. DISTRICT COLLECTOR, ERNAKULAM 682 030

4. RDO, MUVATTUPUZHA, ERNAKULAM 686 673 BY GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 29164/2014 APPENDIX PETIITONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF JUDGMENT DATED 20.06.2005 IN LARS 4, 5 & 6/2000 EXHIBIT P2 :

TRUE COPY OF JUDGMENT DATED 09.06.2006 IN LAA 1242 OF 2005 AND CONNECTED CASES.

EXHIBIT P3 :

TRUE COPY OF REPRESENTATION DATED 01.10.2014 SUBMITTED BY THE PETIITONERS.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 29164 OF 2014 ------------------------------------ Dated this the 28th day of January, 2015

JUDGMENT

Ext.P1 award as modified in Ext.P2 appeal can as well be put into execution. It is reported that Civil Appeal No. 5650/2008 is pending against Ext.P2 judgment before the Supreme Court. The remedy of the petitioners is to file an execution petition in the court of the first instance. A writ petition under Article 226 of the Constitution of the India is not the proper remedy.

The Writ Petition is dismissed without prejudice to the right of the petitioner to levy execution proceedings on the file of the court of the Subordinate Judge of Moovattupuzha. V. CHITAMBARESH JUDGE ncd