IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 34229 of 2009(W) -------------------------- PETITIONER(S): --------------- KARYAN RAVINDRAN, KARYAN HOUSE, THAVAKARA P.O., KANNUR-670 001. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): --------------- 1. THE KANNUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KANNUR. 2. THE SECRETARY, KANNUR MUNICIPALITY, KANNUR. 3. M/S. K.K.BUILDERS, REPRESENTED BY ITS MANAGING PARTNER, K.K.MOHANDAS, PERAVOOR P.O., THALASSERY, KANNUR DISTRICT. SC FOR R1 SRI. K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.34229 OF 2009 (W) -------------------------------------------------- Dated this the 6th day of January, 2010 J U D G M E N T Challenge in this writ petition is against Ext.P6, an order passed by the Secretary of the first respondent Municipality, upholding the action of the 3rd respondent in putting up fencing on the side of the main road leading to the bus stand constructed by the Municipality, on a BOT agreement with the 3rd respondent . After upholding the action of the 3rd respondent, in the concluding portion of Ext.P6 order, Secretary of the first respondent has directed the 3rd respondent to provide a 3 feet gap in the fencing near to the petitioner's property, in order to ensure that the petitioner has access to the main road. 2. Counsel for the petitioner submits that aggrieved by the above portion of the order, the 3rd respondent has preferred an appeal before the Municipal Council and that the same is pending. In my view, having regard to the factual issues that arise for consideration, it is only appropriate that the petitioner also should have pursued the appellate remedy, if he is aggrieved by Ext.P6. WPC.No. 34229/09 :2 : Now that an appeal filed by the 3rd respondent is entertained by the Council, it is ordered that it will be open to the petitioner to file an appeal against Ext.P6. Accordingly the writ petition is disposed of directing that if an appeal is filed by the petitioner within one week from today, the same shall be entertained and considered along with the appeal filed by the 3rd respondent. (ANTONY DOMINIC) JUDGE vi/