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SOPHIA, AGED 35 YEARS versus THE ASSISTANT ENGINEER, MINOR

High Court of Kerala

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SOPHIA, AGED 35 YEARS v. THE ASSISTANT ENGINEER, MINOR - WP(C) No. 26495 of 2007(D) [2007] RD-KL 17308 (13 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26495 of 2007(D)

1. SOPHIA, AGED 35 YEARS,
... Petitioner

Vs

1. THE ASSISTANT ENGINEER, MINOR
... Respondent

2. ASSISTANT EXECUTIVE ENGINEER,

3. THE SECRETARY,

For Petitioner :SRI.C.A.NAVAS

For Respondent : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

Dated :13/09/2007

O R D E R

ANTONY DOMINIC, J.


===============
W.P.(C) NO. 26495 OF 2007
====================

Dated this the 13th day of September, 2007



J U D G M E N T

The petitioner wants to have Ext.P3 quashed and to restrain the respondents from demolishing the slab constructed by him allegedly on the basis of Exhibits P1 and P2. On instructions, learned Government Pleader submits that the petitioner had entered into an agreement with the respondents for the construction of the slab and that, on construction of the slab, it was found that the same was done in violation of the terms of the agreement. It was therefore that the respondents acted against the petitioner, which resulted in the impugned proceedings. While the petitioner asserts that he constructed the slab fully in compliance with Exhibits P1 and P2 and that he has not violated the terms thereof, it is disputed by the WPC 26495/07 respondents. It being a dispute on a question of fact, cannot be decided under Article 226 of the Constitution of India. Relegating the petitioner to pursue his remedies for establishing his right in an appropriate proceedings, this writ petition is dismissed.

ANTONY DOMINIC, JUDGE.

Rp


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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