Disputed questions of fact are not to be decided in writ proceedings

Kerala High Court: A Division Bench comprising of Antony Dominic, CJ and Dama Seshadri Naidu, J. declined to grant relief to the petitioner holding that his case was not fit to be decided in writ proceedings.

The petitioner-appellant filed a writ petition praying for conducting a CBI enquiry into the alleged conspiracy which led to his implication in certain criminal cases; and he also sought directions to respondent 1 to compensate him for the injury caused on account of the alleged illegal action of the respondents. The learned Single Judge declined the relief as sought by the petitioner while giving him liberty to take recourse to ordinary civil law against the delinquent officers responsible for the alleged registration of false cases against him. This order was under challenge in the instant appeal.

The High Court perused the record and held it to be a well recognized legal principle that in a writ proceeding, it is not possible to decide the disputed questions of fact. In the instant case, the injury caused to the petitioner was on account of his being falsely implicated in criminal cases as alleged by him. The facts alleged by the petitioner need to be established before a civil court under ordinary civil law. The Court held that the learned Single Judge was right in holding that remedy for the petitioner lay before the Civil Court. Consequently, the judgment under challenge was upheld and the appeal was dismissed. [R.M. Muraleedharan v. State of Kerala,  2018 SCC OnLine Ker 1438, order dated 06-04-2018]

Join the discussion

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.