SURESH KUMAR Vs. CORPORATION OF THIRUVANANTHAPURAM

JUDGEMENT

(1.) Challenging the orders passed by the learned single Judge in W.P.(C)No.25422/05 dated 13th November, 2006, the petitioner is before us in this appeal.

(2.) In the writ petition, it was contended that the appellant/petitioner is the absolute owner in possession of an extent of 9.875 cents of property comprised in survey No.3567/1-5 of Kawdiar Village. It is also averred that there was a gate in existence 7 metres to the inside of the appellant's property from his actual entrance. It is the allegation made in the writ petition that respondents 1 and 2 are trying to interfere with his peaceful possession and enjoyment of the aforesaid property.

(3.) The learned single Judge, taking into consideration the plea made by the appellant/petitioner and the defence raised by respondents 1 and 2, has come to the conclusion that the assertions and allegations made are all disputed facts and those disputed facts cannot be decided in a petition under Article 226 of the Constitution. That is how the learned single Judge relegated the petitioner to the civil court to seek appropriate relief.