IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 W.A.No. 1799 of 2008 ---------------------------------- AGAINST THE JUDGEMENT IN WPC.1968/2008 DATED 18/04/2008 .................... APPELLANTS: PETITIONERS: ----------------------------------------- 1. T.SAROJINI AMMA, W/O RAMAKRISHNAN, THEKKUMTHALA HOUSE, S.R.M ROAD, KOCHI -18 2. V.J.JOHNY, MOHANAMANDIRAM, PURCHASER FROM M.K. SATHI, S.R.M. ROAD, KOCHI -18. 3. N.A.K. HAJI, S/O N.K. ABNDULLA, NAMBI PUNNILATH HOUSE, S.R.M. ROAD, KOCHI -18. 4. K.H. SHAMSUDDIN, S/O HAMMED, NEDUMPILLI HOUSE, S.R.M. ROAD, KOCHI -18. 5. SIVADAS T, PURCHASER FROM RADHAMMA, THEKKUMTHALA HOUSE, S.R.M. ROAD, KOCHI -18. 6. T.SARASWATHY AMMA, THEKKUMTHALA HOUSE, S.R.M. ROAD, KOCHI -18. 7. RADHA N. W/O PRABHAKARAN, NEDUMPILLY HOUSE, S.R.M.ROAD, KOCHI -18. W.A.No. 1799 of 2008 -2- 8. SANTHA HARIHARAN, NEDUMPILLY HOUSE, S.R.M. ROAD, KOCHI -18. 9. S.ANILKUMAR, NEDUMPILLY HOUSE, S.R.M. ROAD, KOCHI -18. 10. ADV. T.P. RAMESH, 44/159, THEKKUMTHALA HOUSE, S.R.M. ROAD, KOCHI -18. BY ADV. SRI.P.A.AUGUSTINE (AREEKATTEL) RESPONDENTS: RESPONDENTS: ----------------------------------------------- 1. DIVISIONAL MANAGER, RAILWAYS, THIRUVANANTHAPURAM. 2. AREA MANAGER, RAILWAYS, ERNAKULAM. 3. COCHIN CORPORATION, REPRESENTED BY ITS SECRETARY, ERNAKULAM. 4. CITY POLICE COMMISSIONER, COCHIN CITY, ERNAKULAM. R1 & R2 BY STANDING COUNSEL SRI.N.B.SUNILNATH. R3 BY STANDING COUNSEL SRI.S.RAMESH BABU. R4 BY SENIOR GOVERNMENT PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.A. No. 1799 of 2008 ------------------------------------------ Dated, this the 16th day of September, 2008 JUDGMENT H.L.Dattu, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.1968 of 2008 dated 18th April, 2008. By the impugned order, the learned Single Judge has only observed, that the writ court cannot resolve the disputed facts and has further directed the petitioners in the writ petition to approach the appropriate civil court, if they have any grievance against the action of the respondents. (2) We have carefully perused the orders passed by the learned Single Judge who has traced the history of the case and thereafter has stated that the Railways are not preventing the petitioners from using either the steps or the road for their vehicles. (3) Petitioners assert that because of certain acts of commissions and omissions done by the Railways, they are not in a position to use the property of the Railways in an appropriate manner. The assertion made by the petitioners is denied by the respondents through their learned counsel before the learned Single Judge. (4) These are disputed facts and these disputed facts can be resolved only by an appropriate civil court after taking evidence of the parties concerned. Keeping that aspect of the matter in view, the learned W.A.No.1799 of 2008 2 Single Judge has rightly relegated the petitioners to approach the civil court, if they so desire, if they are aggrieved by certain acts of omissions and commissions stated to have been done by the Railways. (5) In our opinion, the learned Single Judge has not committed any error whatsoever which would call for our interference in appeal. Therefore, while affirming the view expressed by the learned Single Judge, we reject this writ appeal. Ordered accordingly. (H.L. DATTU) CHIEF JUSTICE (A.K. BASHEER) JUDGE vns