IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 WP(C).No. 13245 of 2009(A) -------------------------- PETITIONER(S): --------------- MOHAMMED FULAIL, KALATHINGATHODI HOUSE, P.O.MELMURI, MALAPPURAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT TOWN PLANNER, MALAPPURAM. 3. THE MALAPPURAM MUNICIPALITY, REPRESENTED BY THE SECRETARY, MALAPPURAM MUNICIPALITY, MALAPPURAM. 4. THE DISTRICT COLLECTOR, MALAPPURAM. ADV. SRI.ABDUL MAJEED.N FOR R3 GP SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13245/2009 -------------------- Dated this the 8th day of May, 2009 JUDGMENT Petitioner challenges Ext.P3 order by which his application for construction of a building in his property, was rejected by the Municipality on the ground that the said land might be required for an acquisition at a later point of time. Petitioner refers to the judgment in Padmini v. State of Kerala (1999 (3) KLT, 465) and other judgments which have taken the same view. In my view, it is not necessary for this Court to consider the contentions of the petitioner at this stage. Ext.P3 is appealable before the Tribunal. In the circumstances, if the petitioner files an appeal against Ext.P3, within one month, Tribunal shall consider the same without reference to the bar of limitation and take a decision on the appeal, after hearing all affected parties, within two months thereafter. Writ petition is disposed of as above. V.GIRI, Judge mrcs