IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3104 of 2008(T)
1. KATTUMURACKAL MUSLIM JAMA-ATH,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CHIRAYINKEEZHU GRAMA PANCHAYATH,
3. THE SECRETARY(SPECIAL GRADE),
4. M.A.HAMZA,S/O ABOOBACKER,
For Petitioner :SRI.PATHIRIPALLY S.KRISHNAKUMARI
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :25/01/2008
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C) No.3104 of 2008
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Dated: 25th January, 2008
JUDGMENT
Ext.P9 order has been passed by the Panchayat pursuant to the
directions which had been given by the Tribunal for Local Self
Government Institutions in its order Ext.P4. Even though Ext.P9 has
been assailed in this Writ Petition on various grounds, since factual
disputes are coming up for determination, I am of the view that the
petitioner has to avail his statutory appellate remedies before the
Tribunal on Ext.P9. I dispose of the Writ Petition relegating the
petitioner to the statutory appellate remedies before the Tribunal for
Local Self Government Institutions. Considering the very short time
frame given in the order of the Panchayat for implementing its order,
there will be a direction to the Panchayat not to enforce its order
directing demolition of the building for a period of one month. The
petitioner is permitted to urge all available grounds in the prospective
appeal which will be filed by him against Ext.P9. The Tribunal shall
not be influenced by its earlier decision while considering the
prospective appeal. The petitioner can appeal also against Ext.P10 by
which the petitioner’s application for regularisation has been rejected.
The Writ Petition is disposed of as above.
srd PIUS C.KURIAKOSE, JUDGE
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