IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WA.No. 2676 of 2005 --------------------- AGAINST THE JUDGEMENT IN OP.9947/1998 Dated 25/08/2005 .................... APPELLANT/PETITIONER: --------------------------- LINCOLN VARGHESE, HOUSE NO.28/2420, (NEW NO.28/2431), SANTHI NAGAR, PONNETHU TEMPLE ROAD, KADAVANTHRA, ERNAKULAM, KOCHI - 20. BY ADV. SRI.N.HARIDAS SRI.H.SUNDEEP RESPONDENTS/RESPONDENTS: ---------------------------------- 1. CORPORATION OF KOCHI, CORPORATION OFFICE KOCHI - 11, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. 3. ALICE V.ANDREWS, W/O.M.C.MATHEW, HOUSE NO.28/2421 (NEW NO.28/2433), MADAVANA, SANTHI NAGAR, KADAVANTHRA, KOCHI - 20. R1 & R2 BY ADV. SRI.K.ANAND, SC, COCHIN CORPN. R3 BY ADV. SRI.V.RAJENDRAN ADV.COMMISSIONER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2676 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2011 JUDGMENT Antony Dominic, J. The issue raised in the writ petition was the validity of Ext.P11, the order passed by the Secretary of the Corporation, regarding a ramp constructed by the 3rd respondent allegedly in front of the house of the appellant. 2. Having heard the counsel for the appellant and the 3rd respondent, we are fully convinced that the issue raised in the petition pertains to private law rights of the parties, the enforcement of which will have to be sought by filing suit before an appropriate civil court and these are not issues which cannot be agitated in a writ petition filed under Article 226 of the Constitution. Therefore, without prejudice to the right of the parties to agitate the matter before the Civil Court and leaving open the contentions raised, the Writ Appeal is disposed of . J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb