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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
AYUBKHAN AKKALATH – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. petitioner challenges order for construction (Para 1) |
| 2. order appealable before general officer (Para 2) |
| 3. court directs appeal process to be followed (Para 3 , 4) |
JUDGMENT
The petitioner challenges Ext.P8 order, by virtue of which the application for construction of a commercial building submitted by the petitioner, was rejected.
2. A statement has been filed on behalf of respondents
1 and 2 pointing out that the impugned order is appealable before the General Officer, Commanding-in-Chief, as per Section
340 of the Cantonments Act , 2006.
3. Having heard the learned counsel for the petitioner as well as the learned DSGI, I am of the view that this writ petition can be disposed off with a direction, in the light of the averments in the statement filed on behalf of respondents 1 and 2.
4. Since the impugned order is appealable before the General Officer, Commanding-in-Chief, the petitioner’s remedy is to avail the said statutory remedy and not take recourse to the discretionary remedy under Article 226 of the Constitution of India.
Accordingly, this writ petition is disposed of, directing the petitioner to approach the General Officer, Commanding-in- Chief, against Ext
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