IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 7516 of 2010(Q) ------------------------- SC.514/2004 of ASST.SESSIONS COURT, MUVATTUPUZHA .................... PETITIONER(S): ------------------------- GEORGE, AGED 40 YEARS, S/O.ISSAC, THADATHIL VEEDU, INCHATHOTTI KARA, KUTTAMPUZHA VILLAGE. BY ADV. MR.S.DILEEP (KALLAR) RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE VILLAGE OFFICER, KUTTAMPUZHA. R1 & R2 BY GOVERNMENT PLEADER MR. S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.7516 OF 2010 ------------------------------------------ Dated 30th March 2010 JUDGMENT This petition is filed to quash Ext.P2 communication issued by Assistant Sessions court, Muvattupuzha to District Collector to execute a distress warrant in M.C.1/2008. When this petition was taken on 22/3/2010, petitioner asked how without challenging order in M.C.1/2008 Ext.P2 can be challenged, learned counsel appearing for the petitioner submitted that records in M.C.1/2008 are not available before the trial court and so, petitioner is not in a position to challenge that order. In view of the said submission, registry was directed to contact Assistant Sessions Judge, Muvattupuzha to find out whether Wpc 7516/10 2 records are available. It is reported that entire records including the order in M.C.1/2008 are available before the court. In such circumstances, remedy of the petitioner is to challenge the order passed in M.C.1/2008. With liberty to challenge the order in M.C.1/2008 by filing an appeal, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.