IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 14817 of 2007(L) -------------------------- PETITIONER: ------------ 1. PADMINI, D/O.CHELLAMMA NADATHI, NEDIASALA PUTHENVEEDU,MURIENKRA, PARASSALA. 2. BHASKARAN,NEDIASALA PUTHENVEEDU, MURIENKRA,PARASSALA. 3. SANTHOSH, S/O.BHASKARAN, NEDIASALA PUTHENVEEDU,MURIENKRA, PARASSALA. BY ADV. SMT.I.SHEELA DEVI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED ITS SECRETARY TO GOVERNMENT,DEPARTMENT OF LOCAL SELF ADMINISTRATION,GOVERNMENT SECRETRIAT, THIRUVANANTHAPUAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE,THIRUVANANTHAPUAM. 3. PARASSALA GRAMA PAANCHAYATH REP. BY ITS SECRETARY,PARASSALA,THIRUVANANTHAPUAM. 4. MANIKANTAN NAIR, S/O.KRISHSNA PILLAI, ARADHANA, CONVENT ROAD, ALLUMMOODE, NEYYATTINKARA,THIRUVANANTHAPUAM. CHAIRMAN SREE SANKARA COLLEGE OF PHARMACY AND RESEARCH CENTER,PARASSALA,THIRUVANANTHAPUAM. BY ADV. SRI.M.SREEKUMAR FOR R3 ADV.SMT.SUMAN CHAKRAVARTHY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.C.NO.14817 OF 2007 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE PETITION REFERRED IN W.P.C.NO.12609/07 EXT.P2 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.12609/07 EXT.P3 TRUE COPY OF THE SALE DEED DTD. 13-5-96 EXT.P4 TRUE COPY OF THE NOTICE ISSUED BY R3 TO THE PETITIONERS EXT.P5 TRUE COPY OF THE ORDER DTD. 2-5-07 EXT.P6 TRUE COPY OF THE REPLY SUBMITTED BY THE SECOND PETITIONER DTD. 3-5-07 EXT.P7 TRUE COPY OF THE POSTAL COVER EXT.P7(A) TRUE COPY OF THE POSTAL COVER EXT.P7(B) TRUE COPY OF THE POSTAL COVER THIRD RESPONDENT'S EXHIBITS EXT.R3(A) TRUE COPY OF THE COMPLAINT FILED BY R4 BEFORE R3. /True Copy/ PA to Judge. PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.14817 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT Ext.P5 final order of demolition issued by the Secretary of the Panchayat is under challenge. The Secretary of the Panchayat has filed a detailed counter affidavit justifying Ext.P5. Even then, since the petitioner has statutory remedy by way of appeal against Ext.P5 before the Tribunal, I am not going into the merits of the grounds or the contentions raised. I relegate the petitioner to the remedy before the Tribunal against Ext.P5 and dispose of the writ petition accordingly. The order of stay granted by this court will continue for a period of one month from today. If the petitioner prefers an appeal before the Tribunal against Ext.P5 within three weeks from today, the Tribunal will entertain the appeal notwithstanding the apparent delay and dispose of the same in accordance with law. In the appeal to be filed by the petitioner, 4th respondent will also be made a party. PIUS.C.KURIAKOSE JUDGE sv.