IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 30763 of 2009(M) --------------------------------------- PETITIONER(S): ---------------------- SAFOORA T.P.,W/O.K.P.ABDULKHADER, VALVAKKAD, SOUTH TRIKARIPUR, KASARAGOD DISTRICT. BY ADV. MR.M.V.AMARESAN RESPONDENT(S): ------------------------ 1. THE SECRETARY, TRIKARIPUR GRAMA PANCHAYAT, TRIKARIPUR,KASARAGOD DISTRICT. 2. KANTHAPURAM A.P.ABOOBACKER MUSALIYAR, UNNIKULAM, KOZHIKODE DISTRICT. 3. DEPUTY DIRECTOR OF PANCHAYATH, KASARAGOD. R3 BY GOVERNMENT PLEADER MR.V. MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30763 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of October, 2009. JUDGMENT 1.This writ petition gives me the impression that the petitioner assumes that the writ jurisdiction is the executing office of decisions of administratively incapable officers in the Local Self Government Institutions. It is clearly not. In appropriate cases, action would be taken to issue writs or orders. Merely because of the fact that certain statutory or public duty is not timely carried out, a writ need not necessarily be issued. The question of availability of alternate efficacious remedy is the clue to draw the line. 2.The petitioner states that on her complaint, different repeated directions have been issued by the panchayat authority requiring the second WPC30416/09 -: 2 :- respondent to stop construction of a building. The last among those is issued on 23.10.2009. This writ petition is filed on 28.10.2009 stating that in spite of all those orders, the second respondent continues with his activity and this Court has now to issue orders. When the Courts issue orders, the enforcement of the same depends upon different factors, including the will of the Executive. It is not as if Judges could enforce the orders. 3.In the aforesaid context, even a glance of the law that applies to the area in question would show that it falls within the jurisdiction of civil courts; it falls within the jurisdiction of Ombudsman for LSGIs. Appropriate action can also be taken against officers who are administratively incapable. A further writ from this Court will only add to the paper book if the authorities are not enforcing it. The question of the Court itself enforcing the order would come only in cases where such a course becomes WPC30416/09 -: 3 :- necessary. Having regard to the availability of alternate reliefs which are adequate and efficacious, I do not find any ground to issue any direction as sought for by the petitioner. Hence, this writ petition is dismissed preserving all other remedies of the petitioner in accordance with law. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/061109