Petitioner filed this writ petition challenging the order passed by the Munnar Special Tribunal in M.T.O.P No.19 of 2011. The above case was posted for evidence. On that day, petitioner was present. However, counsel was absent. The petitioner sought an adjournment as per I.A.No.163 of 2013. Same was dismissed. Consequently the OP also was dismissed for default with exemplary cost of `3,000/- apart from the normal cost. Petitioner filed this writ petition challenging the order passed by the Tribunal in the above case.
This Court in the judgment in W.P(C).No.20645 of 2014 held that the petitioner will be without any remedy if the suit is not allowed to be restored as the only remedy available to the petitioner is to challenge the order passed by the Tribunal on a question of law. Since dismissal for default will not result in question of law to be decided by this Court, no appeal will be maintainable. There is no jurisdictional error committed by the Tribunal by dismissing the Original Petition. Therefore, petitioner cannot seek remedy under Art.227 of the Constitution. In view of W.P(C).No.27771 of 2014 V 2 the judgment of this Court in W.P(C).No.20645 of 2014, the Writ Petition is allowed. Ext.P2 is set aside. Petitioner shall appear before the Tribunal on 04.11.2014. However, it is made clear that the petitioner has to remit the cost of `3,000/- (Rupees Three Thousand Only) as directed by the Tribunal.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/24/10/14