IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37178 of 2008(A) --------------------------------- PETITIONER(S): ------------------- 1. J0HNY, AGED 44, S/O. KALATH ANTHONY, NELLAYI DESOM, NELLAYI VILLAGE, PARAPPUKARA VILALGE, MUKUNGAPURAM TALUK, REP. BY HIS POWER OF ATTORNEY HOLDER VARGHESE, AGED 52, S/O. KOCHOUSEPH @ IRUMBAN OUSEPH, PARAKADAVU VILLAGE, POOVATHUSSERY DESOM, ALUVA TALUK. 2. KOCHUTHRESYA, W/O. JOHNY, NELLAYI DESOM, NELLAYI VILLAGE, PARAPPUKARA VILALGE MUKUNDAPURAM TALUK, REP. BY HIS POWER OF ATTORNEY HOLDER VARGHESE, AGED 52, S/O. KOCHOUSEPH @ IRUMBAN OUSEPH, PARAKADAVU VILLAGE, POOVATHUNGAL DESOM, ALUVA TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SMT.PREETHY KARUNAKARAN RESPONDENT(S): -------------------- 1. THE STATE OF KEARLA, REP. BY THE SECRETARY TO THE GOVT. LOCAL SELF GOVERNMNET DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHALAKUDY MUNICIPALITY, REP. BY ITS SECRETARY, CHALAKUDY P.O., THRISSUR DISTRICT. 3. THE SECRETARY, CHALAKUDY MUNICIPALITY, CHALAKUDY P.O., THRISSUR DISTRICT. GOVERNMENT PLEADER SMT. K.R. DEEPA SRI. M.P. ASHOK KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37178 OF 2008 ---------------------------------------- Dated this the 17th day of December, 2008 JUDGMENT The petitioners challenge Ext.P8 order, whereby the petitioners' application for building permit has been rejected on the ground that the plan submitted violates a DTP Scheme. I am not inclined to entertain this writ petition in so far as the petitioners have an effective alternate remedy by way of appeal against Ext.P8 order as provided under the Kerala Municipality Act. Accordingly, without prejudice to the right of the petitioners to challenge Ext.P8 order in a properly constituted appeal, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd