IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35605 of 2007(S)
1. JAYAKRISHNAN, ADVOCATE, CHERTHALA LAW
... Petitioner
Vs
1. THE UNION OF INDIA, REPRESENTED BY ITS
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
3. THE SECRETARY TO GOVERNMENT,
4. THE CHIEF URBAN AND TOWN PLANNER,
For Petitioner :SRI.VINCENT JOSEPH
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER
Dated :17/07/2008
O R D E R
H.L. DATTU, C.J. & A.K. BASHEER, J.
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W.P (C). No. 35605 of 2007-S
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Dated this the 17th day of July, 2008
Judgment
H.L. Dattu, C. J:
A public spirited citizen is before this Court. The relief sought for is as
under:
“i) to declare that the Acts governing the Kerala Town
and Country Planning and all development control
rules and regulations framed thereunder as
unconstitutional illegal, null and void ab initio and
non-est in the eyes of law under the provisions of
Articles 243W and 12th Schedule to the Constitution of
India and quash the same by the issuance of a Writ of
Declaration or any other appropriate writ, order or
direction.”
2. In our view, the petitioner can ventilate the grievance made out by him in
this petition before an appropriate forum constituted by the State Government. In
that view of the matter, for the present, we decline to entertain this writ petition
with liberty to the petitioner to approach the appropriate committee constituted by
the State Goivernemnt for redressal of all his grievances.
Ordered accordingly.
H.L. DATTU
Chief Justice
A.K. BASHEER
Judge
an.