IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 34856 of 2007(Y) --------------------------------------- PETITIONERS: ------------------ 1. FATHIMA W/O. LATE KOYAKUTTY,CHENGOT HOUSE NADUVANNUR P.O., KOZHIKODE DISTRICT. 2. M.ABDU RAHIMAN,S/O. LATE KOYAKUTTY CHENGOT HOUSE,NADUVANNUR P.O., KOZHIKODE DISTRICT. 3. SUMAYYA C., D/O.LATE KOYAKUTTY VAYASATTA HOUSE,KAKKUR P.O. KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ----------------------- 1. K.C.IBRAHIM,PADIKAL THARAMMAL HOUSE NADUVANNUR P.O., KOZHIKODE DISTRICT. 2. ELIYAMPARAMBIL FATHIMA, W/O.MOIDEENKUTTY, ELIYAMPARAMBIL HOUSE POST VELIMANNA,KOZHIKODE DISTRICT 3. ELIYAMPARAMBIL ABOOBACKER S/O.MOIDEENKUTTY,ELIYAMPARAMBIL HOUSE POST VELIMANNA,KOZHIKODE DISTRICT. 4. ELIYAMPARAMBIL ABDULLAKUTTY S/O.MOIDEENKUTTY,ELIYAMPARAMBIL HOUSE POST VELIMANNA,KOZHIKODE DISTRICT. 5. ELIYAMPARAMBIL AYSHA D/O.MOIDEENKUTTY,ELIYAMPARAMBIL HOUSE POST VELIMANNA,KOZHIKODE DISTRICT. W.P.(C) NO.34856/2007 6. KALLANTHODIKAYIL KHADEEJA,W/O.PARID P.O. PARANNUR, NARIKUNI, KOZHIKODE DISTRICT. 7. ELIYAMPARAMBILSAINABA D/O.MOIDEENKUTTY,ELIYAMPARAMBIL HOUSE POST VELIMANNA,KOZHIKODE DISTRICT. 8. ELIYAMPARAMBIL SUBAIDA D/O.MOIDEENKUTTY,ELIYAMPARAMBIL HOUSE POST VELIMANNA,KOZHIKODE DISTRICT. 9. KUNHAMINA UMMA,W/O.MOIDEENKUTTY, CHAKUYALILTHAZHE HOUSE, P.O. NADUVANNUR. 10. THE VILLAGE OFFICER NADUVANNUR.KOZHIKODE DISTRICT. 11. THE DEPUTY TAHSILDAR (REVENUE RECOVERY) VADAKARA. BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, ALONG WITH WPC. NO.17379/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P © NO.34856/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT IN W.C. NO.129/1993 PASSED BY THE WORKMEN'S COMPENSATION COMMISSIONER., KOZHIKODE. EXT.P2:- COPY OF THE COMMON JUDGMENT DT. 30.11.1998 PASSED BY THE SUBORDINATE JUDGE KOYILANDY IN OS. NOS.75/1994 AND OS. NO.201/1995. EXT.P3:- COPY OF THE REVENUE RECOVERY NOTICE DT. 18.10.2007 ISSUED BY THE 11TH RESPONDENT TO THE PETITIONERS. EXT.P4:- COPY OF THE NOTICE ISSUED BY THE 10TH RESPONDENT TO THE PETITIONERS. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. =============== W.P.(C) NOs. 34856 OF 2007 & 17379 OF 2008 ==================== Dated this the 17th day of June, 2008 J U D G M E N T The challenge in these writ petitions is against the order of the Workmen's Compensation Commissioner, Kozhikode in WC No.129/93. The counsel for the petitioners submit that steps have already been taken by them for filing appeal against the aforesaid order of the Commissioner. In my view that is the right course to be adopted by the petitioners if they are aggrieved by the aforesaid order. 2. In view of this, I close these writ petitions leaving it open to the petitioners to pursue the statutory remedy of appeal. I notice that in WP(C) No.34856/07, there is already an order of stay passed by this court on 26/11/2007. In order to enable the petitioners therein to pursue the remedy as above, I direct that the aforesaid order will remain in force for a period of two weeks from today and in the meantime, it will be for the petitioners to pursue the remedy available to them. Writ petitions are disposed of as above. ANTONY DOMINIC,JUDGE. Rp