JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is filed against the final judgment and order dated 30.08.2017 passed by the High Court of Kerala at Ernakulam in Writ Petition (C) No. 15385/2017 whereby the Division Bench of the High Court allowed the writ petition filed by respondent No.1 herein and directed the appellant herein, by issuing a writ of mandamus, to restore the possession of the flat in question to respondent No.1 herein.

3. Facts of the case lie in a narrow compass. They, however, need mention in brief infra to appreciate the short question involved in this appeal.

4. The dispute essentially relates to the possession of a flat bearing No. 3D, 3rd floor located in building known as Royal Court Block IV at Kozhikode (hereinafter referred to as “the flat”) and is between the appellant and respondent No. 1 herein.

5. Respondent No. 1 filed a writ petition being W.P.(C) No. 15385 of 2017 before the High Court of Kerala against the appellant herein and other respondents (local police authorities) seeking therein a relief of restoration of his possession over the flat in question. The appellant contested the writ petition on various factual and legal grounds