IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5454 of 2009(B) ------------------------- PETITIONER(S): --------------- 1. THE KOZHIKODE DISTRICT CO-OP.HOSPITAL LTD.NO.D-2002, ERANHIPALAM, KOZHIKODE - 673 006, REPRESENTED BY ITS SECRETARY. 2. PRESIDENT, THE KOZHIKODE DISTRICT CO-OP.HOSPITAL LTD.NO.D-2002, ERANHIPALAM, KOZHIKODE - 673 006. BY ADV. SRI.M.M.MONAYE SRI.M.PAUL VARGHESE SRI.DESI MATTHAI RESPONDENT(S): --------------- 1. KOZHIKODE CORPORATION, KOZHIKODE - 673 032, REPRESENTED BY ITS SECRETARY. 2. CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, PALAYAM, THIRUVANANTHAPURAM 3. REGIONAL TOWN PLANNER, REGIONAL TOWN & COUNTRY PLANNING OFFICE, KOZHIKODE, CALICUT - 673 005. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 5454 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th February, 2009. J U D G M E N T The petitioner challenges Exts.P4, P6 and P8. By Ext. P4, the petitioner's application for permission of lay out for construction of a hostel building has been rejected on the ground that the same is not permissible as per the DTP scheme in force. By Ext. P6, the petitioner's application for building permit has been rejected. According to the petitioner, such proceedings have been on the basis of Ext. P8, the revised scheme which, according to the petitioner, has not come into force in so far as the same has not been duly published. 2. I am of opinion that in so far as Exts. P4 and P6 are appealable orders as provided under the Kerala Municipality Act and the petitioner can raise the contention that Ext. P8 cannot be enforced now in the appeals to be filed against Exts.P.4 and P6, the petitioner's remedy lies in challenging Exts.P.4 and P6 appropriately in an appeal as provided under the Kerala Municipality Act. Further, Ext. P4 is dated 16-2-2008 and Ext. P6 is dated 16-10-2008. The petitioner has not chosen to approach this Court against these orders within a reasonable time. Therefore, without prejudice to that right, if he can at this distance of time, the writ petition is dismissed. S. Siri Jagan, Judge. Tds/