IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WA.No. 280 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.11052/2009 Dated 26/06/2009 .................... APPELLANT/PETITIONER ------------------------ JACOB JOHN, AGED 46 YEARS, KALEEKAL PADINJARETHIL, VENMONY P.O., VIA.CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR SRI. V.B.NARAYANAN RESPONDENTS/RESPONDENTS: -------------------------- 1. STATE OF KRALA, REP.BY SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF SURVEYS & LAND RECORDS, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. 4. THE TAHSILDAR, CHENGANNOOR. 5. THE ADDITIONAL TAHSILDAR, CHENGANNUR. 6. THE VILLAGE OFFICER, VENMONY VILLAGE, ALAPPUZHA DIST. BY SRI.G.P. SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN, AG. C.J. & C.N.RAMACHANDRAN NAIR, J. .................................................................... Writ Appeal No.280 of 2010 .................................................................... Dated this the 11th day of March, 2010. JUDGMENT Raman, Ag. C.J. In so far as Ext.P27 is passed on merits after hearing the petitioner, there is no violation of principles of natural justice nor any exceptional circumstances to entertain a Writ Petition bypassing statutory remedy of an appeal. In this case the learned Single Judge only relegated the petitioner to file an appeal. True, an alternate remedy cannot be a bar, but that is by a self-imposed restriction. This court normally will not entertain a writ petition, if there is an alternate remedy and if the appellate authority could give the same relief which the petitioner seeks in the writ petition. In this case we have perused Ext.P27 which is passed on merits. But the correctness of the order has to be challenged by filing an appeal. In such circumstances, we concur with the view taken by the learned Single Judge and dismiss the Writ Appeal. However, we give three weeks time for the appellant to prefer statutory appeal and if the same is filed within that period, it will be 2 considered by the appellate authority on merits and will be disposed of within three months of filing the same. P.R.RAMAN Acting Chief Justice C.N.RAMACHANDRAN NAIR Judge pms