IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 23187 of 2008(I) -------------------------- PETITIONER: -------------- B.SURESHKUMAR, S/O BHASKARAN NAIR, AGED 42, VINOBHA NIVAS, KARIPPAYI ROAD, NORTH KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.R.MURALEEKRISHNAN RESPONDENTS: ---------------- 1. KALAMASSERY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHANGAMPUZHA NAGAR P.O., ERNAKULAM. 2. THE SECRETARY, KALAMASSERY MUNICIPALITY CHANGAMPUZHA NAGAR P.O., ERNAKULAM. BY SRI.M.K.ABOOBACKER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 23187 OF 2008 I ==================== Dated this the 31st day of July, 2008 J U D G M E N T Heard both sides. 2. The challenge in this writ petition is against Ext.P4, an order passed by the respondent Municipality exercising its powers under Section 406(3) of the Municipalities Act. This order is appealable and therefore the petitioner should pursue the statutory remedy of appeal. For that reason, I am not inclined to entertain this writ petition. 3. Learned counsel for the petitioner expresses apprehension that Ext.P4 will be implemented forthwith resulting in the demolition of the structure. 4. Having heard the counsel for the Municipality also, I feel that an interim arrangement should be made to safeguard the interest of the petitioner. 5. Accordingly, I direct that Ext.P4 shall not be implemented for a period of one month from today. It is directed that in the meanwhile, it WPC 23187/08 :2 : will be for the petitioner to file appeal and obtain appropriate orders from the appellate authority. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp