DIRECTOR OF AGRICULTURE Vs. M.V. RAMACHANDRAN

JUDGEMENT

(1.) Leave granted.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 16/9/2021 passed by the Division Bench of the High Court of Kerala at Ernakulum in Writ Appeal No.1155 of 2021 by which the Division Bench has dismissed the said appeal preferred by the appellants herein and has confirmed the judgment and order passed by the learned Single Judge allowing the writ petition and directing the appellants to settle the bills/invoices of the respondent/original writ petitioner, the Director of Agriculture & others have preferred the present appeal.

(3.) At the outset, it is required to be noted that as such for the recovery of the money alleged to have been due and payable under the bills/invoices, original writ petitioner(s) did file the Civil Suit before the Sub Judge at Thrissur being O.S. No.125 of 2017, which, as such, was the right remedy availed. However, the said suit came to be dismissed in default. It appears that the original writ petitioner, thereafter, took steps to restore O.S. No.125 of 2017 and to withdraw the suit. Before that, he filed the writ petition before the learned Single Judge, which came to be allowed.