IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12012 of 2008(E) -------------------------- PETITIONER: ------------ ASIF PUTHUSSERI, S/O.MUHAMMED PUTHUSSERY AGED 40 YEARS, PUTHUSSERI HOUSE, CHERAKKAKARA ROAD, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON SMT.S.SMITHA (PARAKKAL) RESPONDENTS: ------------- 1. MANJERI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MANJERI MUNICIPALITY OFFICE, MALAPPURAM (DT). 2. THE DISTRICT COLLECTOR, MALAPPURAM MALAPPURAM DT. 3. THE SECRETARY TO GOVERNMENT, TOWN PLANNING, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. 5. THE TOWN PLANNING, THE TOWN PLANNING OFFICER, MALAPPURAM, MALAPPURAM DISTRICT. BY ADV.SRI.M.P.ASHOK KUMAR, SC. GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.12012 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2008 JUDGMENT Sri.M.P.Ashok Kumar, standing counsel takes notice on behalf of the Municipality and points out that the impugned order - Ext.P1 was issued by the Municipality as far back as on 18/10/2005. No explanation has been offered in the writ petition for the gross delay which has been occasioned in challenging Ext.P1. I find merit in the submission that invocation of the discretionary jurisdiction under Article 226 will not be justified and decline such exercise. However it is made clear that this judgment will not stand in the way of the petitioner approaching this court again under this jurisdiction on the basis of any cause of action which arose subsequently regarding the subject matter. PIUS.C.KURIAKOSE JUDGE sv.