IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 31669 of 2010(G) -------------------------- PETITIONER: --------------- JACOB VARGHESE, S/O.C.M.VARGHESE, CHEERANS HOUSE, OZHATHIL LANE, KOTTAYAM. BY ADV. SRI.R.RAJESH KORMATH RESPONDENTS: --------------- 1. THE KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, KOTTAYAM P.O., KOTTAYAM, PIN 682001. 2. THE SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM P.O., KOTTAYAM, PIN 682001. 3. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM-1. BY GOVT. PLEADER SRI. K.RAMESH ADV. SRI.SIBY MATHEW, SC FOR R1 &2 SRI.PHILIP J.VETTICKATTU FOR R1 & 2 SRI.B.PREMNATH (E) FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31669 OF 2010 -------------------------- Dated this the 15th day of October, 2010 J U D G M E N T Ext.P12 order passed by the Secretary of the Kottayam Municipality cancelling the building permit issued to the petitioner is under challenge in this writ petition. Under rule 160 of the Kerala Municipality Building Rules, the petitioner has the right to file an appeal challenging Ext.P12 before the Tribunal for Local Self Government Institutions. In such circumstances, as the petitioner has an effective and meaningful alternate remedy by way of appeal and the period fixed for filing the appeal has not expired, I am of the opinion that the petitioner should invoke the appellate remedy available to him instead of seeking the intervention of this Court at this stage. I accordingly decline jurisdiction and dismiss the writ petition leaving open the contentions of the petitioner and reserving liberty with him to challenge Ext.P12 order in appeal before the Tribunal for Local Self Government Institutions. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2