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AKHILA KERALA VISWAKARAMA MAHA SABHA versus GENERAL MANAGER

High Court of Kerala

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AKHILA KERALA VISWAKARAMA MAHA SABHA v. GENERAL MANAGER - OP No. 34006 of 2001(W) [2007] RD-KL 3219 (14 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 34006 of 2001(W)

1. AKHILA KERALA VISWAKARAMA MAHA SABHA
... Petitioner

Vs

1. GENERAL MANAGER
... Respondent

For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)

For Respondent :SRI.G.SHRIKUMAR

The Hon'ble MR. Justice ANTONY DOMINIC

Dated :14/02/2007

O R D E R

ANTONY DOMINIC,J.

O.P. 34006/2001 (W) Dated this the 14th day of February, 2007

JUDGMENT

The prayers in this writ petition are to direct the respondents 3 and 4 to re-deposit an amount of Rs.1,78,000/- into the account Nos. C & I, 89 and S.B.No.833, maintained at the 2nd respondent, Bank, which is stated to have been drawn without authority from the said bank. The petitioners are also seeking a declaration that respondents 1 and 2 have no authority to allow the respondents 3 and 4 for withdrawal of the amount.

2. On going through the pleadings and the reliefs sought in the writ petition, I am satisfied that this Court exercising the jurisdiction under article 226 of the Constitution of India cannot grant relief, especially in view of the disputed questions of fact that are involved. These are the reliefs which can be granted only in a regular civil suit and the decision has to be based on appreciation of the evidence to be adduced by the O.P.34006/2001 2 respective parties.

3. In view of the above, the only course before this Court is to dismiss the petition without prejudice to the contentions of both sides. The writ petition is accordingly dismissed. ANTONY DOMINIC,

JUDGE

mrcs


Copyright

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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