IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE Ag. CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 21ST DAY OF DECEMBER 2011/30TH AGRAHAYANA 1933 WA.No. 1735 of 2011 ( ) =============== APPELLANT(S)/REVIEW PETITIONER/PETITIONER IN WPC ==================================== A.JOHN, ANSONS GROUP, ARCHITECTS AND ENGINEERS UNION AUTO BUILDING, MUNICIPAL JUNCTION KOTTAYAM. BY ADV.SRI.P.KURUVILLA JACOB RESPONDENT(S)/RESPONDENTS IN WPC ========================= 1 THE CHANGANACHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY MUNICIPAL OFFICE CHANGANACHERRY-686101. 2 THE CHANGANACHERRY MUNICIPAL COUNCIL, REPRESENTED BY ITS CHAIRMAN CHANGANACHERRY MUNICIPALITY MUNICIPAL OFFICE CHANGANACHERRY-686101. BY ADV.SRI.SIBY MATHEW THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA.No. 1735 of 2011 APPENDIX APPELLANT'S EXHIBITS: ANNEXURE A1: COPY OF ORDER DATED 10.4.2008 IN OP.NO.843 OF 2007 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS. /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, Ag.C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1735 of 2011 & C.M.Appl.No.1001 of 2011 ---------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Manjula Chellur, Ag.C.J. In spite of service of notice, none represents the respondents. Accordingly, delay of 334 days in filing the appeal is condoned. 2. We have gone through the judgment dated 10.11.2010 in W.P(C)No. 33422 of 2010 and also the order dated 1.6.2011 in R.P.No.157 of 2011. It is not in dispute that the Writ Petition came to be dismissed as withdrawn reserving liberty to the appellant/petitioner to institute a suit in the Court of competent jurisdiction seeking the relief prayed in the Writ Petition. Subsequently, review petition came to be filed on the ground that learned counsel for the appellant indicated reservation of liberty to approach the Ombudsman and not a Civil Court, but there seems to be some mistake on the basis of some error apparent WA.1735/11 2 on the face of record indicating institution of a suit. When the Writ Petition came to be dismissed as withdrawn, the only indication would be that the petitioner/appellant would not be entitled to file another Writ Petition on the same cause of action. But, he is at liberty to approach other appropriate forum for any relief he wants in accordance with the procedure. In that view of the matter, not only filing a civil suit before a competent court having jurisdiction, he can also approach other authorities including Ombudsman, provided it is in accordance with the procedure. With this observation, the Writ Appeal is disposed of. MANJULA CHELLUR, ACTING CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs