IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 1595 of 2009(M) ------------------------------- PETITIONER: -------------- OLIYIL MAMMUTTY HAJI, AGED 68 YEARS, S/O.KUNHALI, K.PURAM PO, TANALUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY MR.K.RAMACHANDRAN, ADVOCATE. MR.S.SREEDEV, ADVOCATE. RESPONDENTS: ------------------ 1. DEPUTY DIRECTOR OF PANCHAYAT, MALAPPURAM. 2. THE SPECIAL GRADE SECRETARY, TANUR GRAMA PANCHAYAT, MALAPPURAM DISTRICT. BY MR.K.T.SHYAMKUMAR, ADVOCATE, FOR R2 MR.HARISH R. MENON, ADVOCATE, FOR R2 MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.1595/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the PLAINT IN O.S.134/07 BEFORE THE MUNSIFF COURT, PARAPPANANGADI DT.28.6.07. EXT. P2 : COPY OF NOTICE DT.1.1.2008 ISSUED BY THE 2ND RESPONDENT. EXT. P3 : COPY OF THE REPLY SENT BY THE PETITIONER DTD. 14.1.2008 TO EXT. P1. EXT. P3(a) : COPY OF the ORDER DT.26.7.1993 OF THE LAND TRIBUNAL MANJERI. EXT. P4 : COPY OF THE APPLICATION FOR SURVEYING BOUNDARIES, DT. 26.6.2007 SUBMITTED BY THE PETITIONER. EXT. P5 : COPY OF the CHALAN DT. 25.6.2007 FOR REMITTING FEE, ALONG WITH EXT. P4 APPLICATION. EXT. P6 : COPY OF the NOTICE No.A2-617/07 DT. 8.1.09 ISSUED BY THE 2ND RESPONDENT. EXT. P7 : COPY OF THE REPLY 9.1.2009 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.1595 OF 200 ---------------------------------------- Dated this the 20th day of March, 2009 JUDGMENT The petitioner claims to be the owner in possession of certain properties in which he has constructed a building. Proceedings have been initiated by the respondents for demolitiion of that building on the ground that the construction is unauthorised. Against the same, the petitioner has admittedly filed a suit, which is pending. The petitioner now seeks the following reliefs: “a) Issue a writ of certiorari or other appropriate writ order or direction calling for the records leading upto Ext.P6 notice No.A2-617/07 dated 8.1.2009 issued by the 2 nd respondent and quash the same; b) Issue a writ of mandamus directing the respondents not to demolish the petitioner's building or any portion of the building situated in R.S.317/6 of Rayaramangalam Village, Tirur Taluk, Malappuram district without affording an opportunity to the petitioner of being heard regarding his objections in the matter”. W.P.(c)No.1595/09 2 I am of opinion that in so far as the petitioner has already moved a suit for the same reliefs, the petitioner cannot maintain a writ petition also for such reliefs. If the petitioner wants any interim relief, the remedy of the petitioner lies in moving an interim application in that suit. Therefore, without prejudice to that right, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.1595/09 3