IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22022 of 2009(W)
1. DAMIYAN LOUIS, SACRED HEART HOUSE,
... Petitioner
2. SIRIL MORAYEES, ST. JACOB HOUSE,
Vs
1. STATE OF KERALA, REP. BY ITS SECRETARY
... Respondent
2. DISTRICT COLLECTOR,
3. ASSISTANT DIRECTOR, RESURVEY
4. TAHSILDAR, NEYYATTINKARA TALUK,
5. KOTTUKAL GRAMA PANCHAYATH,
6. SECRETARY, KOPTTUKAL GRAMA
7. VILLAGE OFFICER, KOTTUKAL VILLAGE
8. SHAJI THOMAS, KAKKANADU LANE,
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :04/08/2009
O R D E R
V.GIRI, J.
----------------------------------------
W.P.(C).No.22022 of 2009
----------------------------------------
Dated this the 4th day of August, 2009.
JUDGMENT
The petitioners are aggrieved by Ext.P7
building permit granted in favour of the 8th
respondent. They sought for revocation of the
permit granted by moving an application before the
original authority. The said application has been
rejected under Ext.P12, passed after hearing the
petitioners as also the 8th respondent.
2. The petitioners have also moved the
District Collector, Thiruvananthapuram, seeking to
cancel the mutation, which according to them, has
been effected at the instance of the 8th respondent.
This writ petition has been filed challenging Exts.P7
and P12 and also praying for a direction that Ext.P13
representation filed before the District Collector
shall be looked into.
W.P.(C).No.22022 of 2009
:: 2 ::
3. I am not inclined to consider the
petitioners’ contention on merits, since the
petitioner have an efficacious alternate remedy.
4. Accordingly, if the petitioners file an
appeal challenging Ext.P7 within three weeks from
today before the appellate tribunal, then the
Tribunal shall consider the said appeal, as presented
in time and proceed to pass appropriate orders, after
hearing both the parties, within three months
thereafter. The petitioners may challenge the
correctness of Ext.P12 also in the said appeal.
5. In the meanwhile, the District Collector
the 3rd respondent shall look into Ext.P13 and take
an appropriate decision thereon within two months
from the date of production of a copy of this
judgment, along with a copy of the writ petition. If
the District Collector feels that any subordinate
officer to him has to pass orders on Ext.P13, then it
is open to the District Collector to forward Ext.P13
W.P.(C).No.22022 of 2009
:: 3 ::
to such subordinate authority. In such an event, a
decision on Ext.P13 shall be taken within three
months from the date of production of a copy of this
judgment.
Writ petitions are disposed of as above.
Sd/-
(V.GIRI)
JUDGE
sk/
//true copy//
P.S. to Judge