IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29382 of 2011(W) -------------------------- PETITIONER(S): --------------- MRS.P.B.SHAHARBAN,W/O.BASHEER, PUTHIYAVEETIL HOUSE,PANACHEERY LANE, KOORKKANCHERRY,THRISSUR-680007. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): --------------- 1. THE STATION MANAGER,THRISSUR RAILWAY STATION,THRISSUR-680011. 2. THE SENIOR DIVISIONAL COMMERCIAL MANAGER SOUTHERN RAILWAY,THIRUVANANTHAPURAM-695014. 3. THE CHIEF COMMERCIAL MANAGER, SOUTHERN RAILWAY,CHENNAI-600 001. SC SRI.C.S.DIAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).29382/11 APPENDIX PETITIONER(S) EXHIBITS EXT.P1: RELEVANT EXTRACT OF AGREEMENT DATED 3.9.2008 ENTERED INTO BETWEEN THE PETITIONER AND ON BEHALF OF THE UNION OF INDIA. EXT.P2: COPY OF JUDGMENT DATED 10.8.2011 IN W.P.(C)12371 OF 2010. EXT.P3: COPY OF REPRESENTATION DATED 28.09.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF ORDER DATED 13/8/2011 OF THE 2ND RESPONDENT. (True copy) P.A To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).29382/2011 .............................................. Dated this the 4th day of November, 2011 JUDGMENT Ext.P4 communication issued by the second respondent declining permission to the petitioner to remove the parking shed constructed at Thrissur Railway Station, is under challenge in this writ petition. 2. Going by the pleadings, it is evident that there are several disputes between the parties and that pursuant to the directions of this Court in W.P. (C).12371/2010 an Arbitrator is to be appointed to resolve such disputes. It is while so, the petitioner sought permission to remove the shed which is declined as per the impugned order wherein it is stated that permission cannot be granted till such time the dues are settled. Evidently, therefore, the dispute between the parties arises out of the contract between them and if so, such a dispute cannot form the subject matter of a writ petition. Therefore, the remedy available to the petitioner is to move the Arbitrator who is to be appointed, or the Civil Court. Writ petition is dismissed accordingly. ANTONY DOMINIC, Judge mrcs