IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30798 of 2008(N) -------------------------- PETITIONER(S): --------------- P.A. BARAHAM, AGED 49, S/O. P.J. ABRAHAM,HAIL MARY TIMBERS, POOVANTHURUTHU, KOTTAYAM. BY ADV. SRI.JOHN JOSEPH VETTIKAD RESPONDENT(S): --------------- 1. DEPUTY LABOUR COMMISSIONER, KOTTAYAM, 2. DEPUTY TAHSILDAR (RR), KOTTAYAM. 3. THE VILLAGE OFFICER, PANACHIKAD, KOTTAYAM. 4. K.P. SURESH, S/O.T.K. AYYAPPAN, PUTHUPARAMBIL HOUSE, SACHIVOTHOTHOMAPURAM, KURICHI, KOTTAYAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30798 OF 2008 ------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT The petitioner moved this Court and obtained Ext.P5 judgment directing consideration of any application by him to set aside an ex parte award under the Workmen's Compensation Act. This Court then ordered on 4.10.2006 to deposit Rs.5,000/- as a condition for that course of action. The petitioner did not even deposit that amount. That was instead of the fact that he had suffered Ext.P1 order way back in 1999 which, according to him, is not an order against him and that he is not liable under that order. These are issues which ought to have been agitated following Ext.P5 judgment. Having regard to the time frame fixed as per Ext.P5 judgment dated 4.10.2006, the same being essentially a judgment issued by the learned single Judge in exercise of discretionary jurisdiction, I do not deem it appropriate to further tinker with that matter. Hence, without prejudice to the right of the petitioner, if any, to seek relief on the basis of Ext.P5 judgment, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.