High Court Kerala High Court

Paulose.P.T vs The Corporation Of Calicut on 30 October, 2008

Kerala High Court
Paulose.P.T vs The Corporation Of Calicut on 30 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21858 of 2008(B)


1. PAULOSE.P.T, S/O.THAVOOTTY, AGED 82 YRS,
                      ...  Petitioner

                        Vs



1. THE CORPORATION OF CALICUT, REPRESENTED
                       ...       Respondent

2. THE SECRETARY, THE CORPORATION OF

                For Petitioner  :SRI.PULIKKOOL ABUBACKER

                For Respondent  :SRI.K.D.BABU,SC,KOZHIKODE CORPORATION

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :30/10/2008

 O R D E R
                       S. SIRI JAGAN, J.
                ------------------------------------
                  W.P.(C)No.21858 OF 2008
              ----------------------------------------
              Dated this the 30th day of October, 2008

                           JUDGMENT

The petitioner is challenging Ext.P1 order, whereby the

petitioner has been directed to demolish a shed constructed by

him allegedly without obtaining building permit from the

Corporation. The petitioner has got an effective alternate remedy

by way of appeal as provided under the Kerala Municipalities Act.

That being so, I am not inclined to entertain this writ petition.

Accordingly, without prejudice to the right of the petitioner

to challenge the impugned order in an appeal as provided under

the Kerala Municipalities Act, this writ petition is dismissed.

However, to enable the petitioner to move the Appellate

Authority for interim orders, I direct that coercive proceedings

pursuant to the impugned order shall be kept in abeyance for a

period of two weeks.

S. SIRI JAGAN, JUDGE

Acd