IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD JUNE 2008 / 73TH JYAISHTA 1930 W.P(C).No. 16353 of 2008(V) ----------------------------------- PETITIONERS: --------------- 1. DR.MATHEW KURIVILA, TRUSTEE, HEAVENLY FEAST, KOTTAYAM, RESIDING AT KOLLAMPARAMBIL HOUSE, KARAPPUZHA, KOTTAYAM, REPRESENTED BY POWER OF ATTORNEY MR. ROY MATHEW, POTTOORE HOUSE, ARATHROTTY, KOTTAYAM DISTRICT, 2. DR. THOMAS ABRAHAM, TRUSTEE, HEAVENLY FEAST, KIZHAKKE PTHIAPPOLLIL HOUSE, VAKATHANAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.K.M.VARGHESE RESPONDENT: --------------- KOTTAYAM MUNICIPALITY, KOTTAYAM -1, REPRESENTED BY SECRETARY BY ADV. SRI. C.S. MANILAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 16353 OF 2008 - V = = = = = = = = = = = = = = = = = Dated this the 3rd June 2008 J U D G M E N T Petitioners submit that they had applied for a building permit and though the application was promised to be considered, the Municipality issued Ext. P2 provisional order under Section 406(1) and (2). According to the petitioners, though a reply was filed by Ext. P3, without adverting to any of the contentions raised, Ext. P4 order has been issued under Section 406(3) of the Municipalities Act. It is challenging Ext. P4 this writ petition has been filed. 2. In my view, there is absolutely no justification for the petitioners to straight away invoking the extraordinary jurisdiction. If the petitioners are aggrieved it is open for them to pursue the statutory remedy of appeal that is provided for in the statute. 3. I heard the Standing Counsel for the Municipality. 4. Learned counsel for the petitioners submits that the petitioners apprehend that in implementation of Ext. P4 in the W.P.(C) No. 16353 OF 2008 -2- interregnum the Municipality may demolish the structures mentioned therein. This certainly is a matter of concern. In order to enable the petitioner to obtain appropriate interlocutory orders from the appellate authority safeguarding their interest, I direct that further proceedings pursuant to Ext. P4 will be kept in abeyance for a period of 3 weeks from today and it will be open to the petitioner to pursue the statutory remedy in the meanwhile. ANTONY DOMINIC JUDGE jan/-