IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27885 of 2008(T) -------------------------- PETITIONER: ------------ 1. HERBERT, S/O.KURIAN XAVIER, AGED 56 YEARS, PLAMOOTTIL HOUSE, ADJACENT TO KUMARANASAN NAGAR, PALATHURUTH, KADAVANTHARA, PIN - 682 020. 2. MRS.RUBY HERBERT, W/O.HERBERT, AGED 51 YEARS, PLAMOOTTIL HOUSE, ADJACENT TO KUMARANASAN NAGAR, PALATHURUTH, KADAVANTHARA, PIN - 682 020. BY ADV. SRI.P.A.ABDUL JABBAR SRI.C.K.RAFEEK RESPONDENTS: ------------- 1. KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, DIVISION NO.II, ERNAKULAM, HOUSING BOARD BUILDING, PANAMPILLY NAGAR, KOCHI - 36. 3. DR.KUNJAMMA GEORGE, W/O.K.T.GEORGE, C.C.NO.37/920, FATHIMA CHURCH LANE, ERNAKULAM, KADAVANTHARA P.O., ELAMKULAM. 4. K.T.GEORGE, C.C.NO.37/920, FATHIMA CHURCH LANE, ERNAKULAM, KADAVANTHARA P.O., ERNAKULAM. BY SC SRI.A.JAYASANKAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).27885/2008 -------------------- Dated this the 19th day of September, 2008 JUDGMENT Essential challenge by the petitioner is against Ext.P10 which is a sale deed executed by the Housing Board in favour of the third respondent. According to the petitioner, the right of way granted to the petitioner by the Housing Board as evidenced by Ext.P4, was not preserved by the Housing Board when it executed Ext.P10 sale deed. This right should have been clearly mentioned in Ext.P10 or at any rate, according to the petitioner, the allotment of the plot and execution of Ext.P10 sale deed should have been made subject to the right of way which the petitioner is entitled to, it is contended. In my view, the remedy of the petitioner is before the Civil Court in as much as that the sale deed executed by the Housing Board in favour of the third respondent has to be either challenged or sought to be avoided. Reserving the right of the petitioner to approach the Civil Court, writ petition is closed. V.GIRI, Judge mrcs