IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 22ND NOVEMBER 2007 / 1ST AGRAHAYANA 1929 OP.No. 4371 of 2003(U) --------------------------------- PETITIONER: -------------------- JOSHY VARGHESE, THELAKKADAN HOUSE, CHERANALLOOR P.O., ERNAKULAM DISTRICT BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY SECRETARY LOCAL ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM 2. KOOVAPPADY GRAMA PANCHAYAT, REP.BY ITS SECRETARY, KOOVAPPADY. 3. PRESIDENT, KOOVAPPADY GRAMA PANCHAYAT KOOVAPPADY. BY ADV. SRI.KOSHY GEORGE for R2 & R3 BY GOVT.PLEADER SMT.DEEPA for R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss O.P.NO.4371/2003 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE DECISION DTD. 17/01/2000 OF THE DISTRICT PLANNING COMMITTEE. EXT.P2: COPY OF THE JUDGMENT DTD. 22/09/2000 IN O.P.NO.19534/2000. EXT.P3; COPY OF THE DECISION DTD. 18/12/2000 OF THE PANCHAYAT COMMITTEE. EXT.P4: COPY OF THE PROCEEDINGS OF THE BLOCK LEVEL EXPERT COMMITTEE. EXT.P5: COPY OF THE JUDGMENT DTD. 17/06/02 IN C.C.C.NO.345/01. EXT.P6: COPY OF THE REPRESENTATION DTD. 5/05/98 SUBMITTED BY THE PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS. EXT.P7: COPY OF THE REPRESENTATION DTD. 2/09/98 SUBMITTED BEFORE THE 2ND AND 3RD RESPONDENTS. EXT.P8: COPY OF THE REPRESENTATION DTD. 28/01/99 SUBMITTED BY THE MEMBERS OF THE EXECUTIVE COMMITTEE BEFORE THE 2ND AND 3RD RESPONDENTS. EXT.P9: COPY OF THE LETTER DTD. 11/02/99 ISSUED BY THE WARD MEMBER TO THE 2ND RESPONDENT. 2ND RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE RESOLUTION NO.2(2) DTD. 11/03/98 OF THE PANCHAYAT. EXT.R2(B): COPY OF THE LETTER NO.G295/2003 OF THE BLOCK PANCHAYAT SECRETARY DTD. 2/04/03. EXT.R2(C): COPY OF THE LETTER DTD. 15/05/2003. EXT.R2(D): COPY OF THE FINAL DECISION OF THE BLOCK LEVEL TECHNICAL COMMITTEE DTD. 12/05/03. EXT.R2(E): COPY OF THE DECISION OF THE PANCHAYAT HELD ON 16/05/2003. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J = = = = = = = = = = = = = = = = O.P.No.4371 OF 2003 = = = = = = = = = = = = = Dated this the 27th day of June, 2008. J U D G M E N T The claim of the petitioner is for payment of certain amounts due from the 2nd respondent. In view of the nature of the dispute that is raised, it is not be possible to resolve the factual controversy involved. In my view, the appropriate remedy for the petitioner is to file a suit for recovery in a regular civil court. Learned counsel for the petitioner points out that this writ petition was filed in the year 2003, and that the period of pendency of this case should be excluded for counting limitation. Taking note of the submission as above, I direct that the period of pendency of the writ petition will be appropriately taken into account for the purpose of limitation, if a proper application is made by the petitioner. With this clarification, this writ petition is closed. ANTONY DOMINIC, JUDGE bkn/-