IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 19850 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------ 1. P.S. THOMAS, PADAVIL HOUSE, KARADIYODE, MALAMPUZHA. P.O, PALAKKAD DISTRICT. 2. M. PONNUMANI,SUMESH NIVAS, MANAKKALKADU, MALAMPUZHA. P.O, PALAKKAD DISTRICT. 3. SAINABA, SHAFEEK MANZIL, MALAMPUZHA. P.O, PALAKKAD DISTRICT. BY ADV. SRI.K.A.ABDUL SALAM, SRI.KASHA K.MALAYAN, SRI.K.M.MOHAMED ABDURAHIMAN, SRI.ANIL KUMAR M.SIVARAMAN. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE ESTATE OFFICER, MALAMPUZHA PROJECT AND ASSISTANT EXECUTIVE ENGINEER, HEAD WORKS, SUB DIVISION, MALAMPUZHA.P.O, PALAKKAD DISTRICT, PIN-678 651. R1 & R2 BY GOVT. PLEADER MR.M.H. HANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19850 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 10/01/2008 ISSUED BY THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA IN FAVOUR OF THE 1ST PETITIONER. EXT.P2: COPY OF THE AGREEMENT BETWEEN THE 1ST PETITIONER & THE EXECUTIVE ENGINEER, EXECUTED IN THE YEAR 2009. EXT.P3: COPY OF THE RECEIPT FOR Rs.31,900/- ISSUED BY THE EXECUTIVE ENGINEER. EXT.P4: COPY OF THE PROCEEDINGS OF THE EXECUTIVE ENGINEER DATED 12/06/1997. EXT.P5: COPY OF THE JUDGMENT IN WP(C) NO. 4178/2011 DATED 08/03/2011. EXT.P6: COPY OF THE NOTICE ISSUED BY THE EXECUTIVE ENGINEER TO THE 1ST PETITIONER. EXT.P7: COPY OF THE NOTICE ISSUED BY THE EXECUTIVE ENGINEER TO THE 2ND PETITIONER. EXT.P8: COPY OF THE NOTICES ISSUED BY THE EXECUTIVE ENGINEER TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 19850 OF 2011 ----------------------------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T Petitioners approached this court challenging Exts.P6 to P9. The learned Government Pleader brought to the notice of this court that, aggrieved by Exts.P6 to P9, on 14.7.2011 the petitioners have already filed appeals before the District Collector and the District Collector has passed orders of stay and posted the appeals to 3.8.2011. Proceedings of the District Collector also has been produced before this court. It is thus obvious that petitioners have already taken recourse to the statutory remedy available to them. In that view of the matter the writ petition is misconceived and it is disposed of leaving it open to the petitioners to pursue their remedy before the Appellate Authority. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge