IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 29TH OCTOBER 2007 / 7TH KARTHIKA 1929 WP(C).No. 30290 of 2007(E) -------------------------- PETITIONER: ------------ 1. MATHUKUTTY, AGED 72 YEARS, AZHAKAPADATH HOUSE, THEVAKKAL, ERNAKULAM DISTRICT. 2. ALIYAMA MATHUKUTTY,W/O.MATHUKUTTY, AGED 68 YEARS,AZHAKAPADATH HOUSE, THEVAKKAL, ERNAKULAM DISTRICT. BY ADV. SRI.R.DIVAKARAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO LOCAL SELF GOVT., SECRETARIATE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, ERNAKULAM DISTRICT. 3. KALAMASSERY MUNCIPALITY, REPRESENTED BY THE SECRETARY, MUNCIPAL BUILDING , KALAMASSERY,ERNAKULAM DISTRICT. 4. VILLAGE OFFICER,TRIKKAKARA NORTH VILLAGE OFFICE, TRIKKAKARA, ERNAKULAM DISTRICT. BY G.P. SRI.K.J.MUHAMMED ANZAR SC. SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 30290 of 2007 ---------------------------------- Dated this the 29th day of October , 2007 JUDGMENT Having regard to the submissions addressed at the bar by Sri.R.Divakaran, the learned counsel for the petitioners, Sri.M.K.Aboobacker the learned Standing Counsel for the Kalamassery Municipality and Sri.Muhammed Anzar the learned Government Pleader, I am of the view that the petitioners have two alternative remedies. They can prefer appeal against Ext.P5 before the Council of the Municipality or they can have an adjudication of the dispute, which is essentially a civil dispute, before a competent civil court. Hence I relegate the petitioners to either of the remedies and dispose of this writ petition without expressing any opinion on the merits of the various grounds raised in this writ petition. PIUS C. KURIAKOSE, JUDGE. Dpk