IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9049 of 2010(E)
1. C.JAFFER, F.R.MANZIL,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. PALAKKAD MUNICIPALITY,
For Petitioner :SRI.M.P.ASHOK KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/03/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.9049 OF 2010 (E)
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Dated this the 18th day of March, 2010
J U D G M E N T
Heard the counsel for the petitioner and the Standing
Counsel for the 2nd respondent.
2. Challenge in this writ petition is against Ext.P10. This is
an order passed by the 2nd respondent exercising its powers
under Section 406(3) of the Municipality Act. Under Section 509 of
the Municipality Act, an appeal will lie to the Tribunal. Therefore
this court will not be justified in entertaining this writ petition by-
passing the statutory remedy.
Accordingly, the writ petition is disposed of leaving it open
to the petitioner to file an appeal against Ext.P10. In order to
enable the petitioner to move the Tribunal and obtain appropriate
interlocutory order in the matter, it is directed that further
proceedings pursuant to Ext.P10 shall be kept be abeyance for a
period of 4 weeks and in the meantime petitioner shall file
appeal before the Tribunal, if so advised.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No. /09
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