IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33597 of 2004(Y) -------------------------- PETITIONER: --------------- K.G.SREEDHARAN PILLAI, S/O.K.G.GOPALA PANIKKAR, THAYYIL HOUSE, PERUMBANACHY P.O. CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.JOSE PALLATTUKARAN RESPONDENTS: --------------- 1. K.BIJU, S/O.K.M.KESAVAN, PUSHPASADANAM, MADAPPALLY P.O. CHANGANACHERRY. 2. THE COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KOTTAYAM. 3. GOPALA PANICKER, THAYYIL HOUSE, PERUMBANACHY P.O. MADAPPALLY, CHANGANACHERRY. 4. P.K.SARASWATHI AMMA (DIED), W/O.GOPALA PANICKER, THAYYIL HOUSE, PERUMBANACHY P.O. MADAPPALLY, CHANGANACHERRY. R1 BY ADV. SRI.R.MURALEEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 33597/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : ORIGINAL COPY OF JUDGMENT DATED 08.10.2003 IN W.C.C. NO.55/95 OF THE COURT OF THE COMMISSIONER FOR WORKMEN'S COMPENSATION (DEPUTY LABOUR COMMISSIONER), KOTTAYAM. EXT.P1(a) : THE POSTAL ENVELOP IN WHICH EXT.P1 JUDGMENT WAS RECEIVED BY THE COUNSEL FOR THE PETITIONER ON 01.10.2004. EXT.P2 : TRUE COPY OF PETITION DATED 04.10.2004 FILED BY THE PETITIONER TO SET ASIDE THE EX PARTE JUDGMENT AND ACCORDINGLY TO GIVE CHANCE TO THE PETITIONER TO SUBMIT HIS DEFENCE. EXT.P3 : LETTER DATED 06.10.2004 SENT BY THE DEPUTY LABOUR COMMISSIONER, KOTTAYAM ASKING THE PETITIONER TO INFORM THE AUTHORITY THE DETAILS OF THE PROVISION FOR REVIEW PETITION. EXT.P4 : TRUE COPY OF THE ADDITIONAL STATEMENT DATED 13.10.2004 FILED BY THE PETITIONER THROUGH HIS COUNSEL. EXT.P5 : ORIGINAL COPY OF THE DECISION DATED 18.10.2004 OF THE DEPUTY LABOUR COMMISSIONER, KOTTAYAM REJECTING THE PETITION FOR REVIEW OF THE EX PARTE JUDGMENT. EXT.P6 : COPY OF DEATH-CERTIFICATE OF THE 4TH RESPONDENT DATED 23.08.2003. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE. B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.33597 of 2004 - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner challenges Ext.P1 judgment dated 08.10.2003 passed by the 2nd respondent directing him to deposit `63,697/- together with interest at the rate of 12% per annum from 20.10.1993 till the date of deposit. The alternative remedy available to the petitioner is to file an appeal. Therefore, I am not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed with liberty to file an appeal before the appropriate authority in accordance with law. sd/- B.P. RAY, JUDGE. rv O.P. No. -:2:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- O.P. No. -:3:- Dated this the 16th day of November, 2011. JUDGMENT