IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WA.No. 1299 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.33513/2002 Dated 07/06/2007 .................... APPELLANT(S): PETITIONER ------------------------ S.SURESH KUMAR, PROPRIETOR, KALPAKA OIL PRODUCTS, RESIDING AT TC 20/1343, MANGAD LANE, MARAMAN, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): RESPONDENTS ------------------------ 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT INDUSTRIES CENTRE, VELLAYAMBALAM, TRIVANDRUM, REP.BY ITS GENERAL MANAGER. 3. S.K.ENGINEERING, REP.BY ITS MANAGING PARTNER, O.S.SAJITHA, AITTU ENCLAVE, KAWDIAR PO, TRIVANDRUM. 4. THE SMALL INDUSTRIALISTS WELFARE CO-OPERATIVE LTD.NO.1453, PRINT WELL, NEAR MANVILA INDUSTRIAL ESTATE, MANVILA. ADV. SRI.K.ANAND (A.201) FOR R3, R4 SMT.LATHA KRISHNAN FOR R3, R4 GOVERNMENT PLEADER SMT.MEERA FOR R1, R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy,Ag.C.J. & V. Giri, J. -------------------------------------- W.A. No. 1299 of 2008 --------------------------------------- Dated this the 19th day of January, 2009 Judgment Koshy,Ag.C.J. Petitioner filed three suits against the allotment of plot to third respondent. When the matter is pending between same parties in the civil court, it is not proper for this court to exercise the extra-ordinary jurisdiction of this court under article 226 of the Constitution of India. We agree with the learned single Judge and appeal is dismissed. J.B.Koshy Acting Chief Justice V. Giri Judge vaa