IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29060 of 2009(B) --------------------------------------- PETITIONER(S): ------------------------- KOYAMU, S/O.SAIDALAVI, ADIYATTIL HOUSE, CHERULAL, P.O.ANANTHAVOOR, TIRUR, MALAPPURAM DISTRICT. BY ADV.MR.C.M.MOHAMMED IQUABAL RESPONDENT(S): ------------------------- 1. PREMAKRISHNAN NAIR, M.N, INDUS TOWERS LTD., PALARIVATTOM, KOCHI. 2. KUMMALIL MUHAMMED, CHERULAL, P.O.ANANTHAVOOR, TIRUR, MALAPPURAM DISTRICT. 3. TIRUNAVAYA GRAMA PANCHAYATH, POST TIRUNAVAYA, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. THE SECRETARY, TIRUNAVAYA GRAMA PANCHAYATH, POST TIRUNAVAYA, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 29060 OF 2009 ............................................ DATED THIS THE 21st DAY OF OCTOBER, 2009 JUDGMENT This writ petition is filed on 14.10.2009, alleging that a stop memo issued on 9.10.2009 is not being enforced by the panchayat authority. This court is not an office executing orders passed by the panchayat secretaries. This institution cannot and should not be saddled with such matters more so because efficacious alternate remedies are available and more importantly, because the space and time devoured by such litigations should be left to be made available for better utilization. 2. If the petitioner's grievance is not redressed by the issuance of the stop memo and even if the panchayat is unable to enforce its own stop memos, the petitioner has adequate efficacious remedies within the frame work of Wpc 29060/09 2 the laws; before the before the Civil Courts; before the District Magistrate; before the Ombudsman for Local Self Government Institutions. Even cases of mal administration can be so dealt with. 3. In my view, the jurisdiction of this court under Article 226 has been unnecessarily sought to be invoked. A writ of mandamus is also a discretionary relief and shall not necessarily issue in all cases where an allegation of having not acted in terms of the statutory provision is shown. On the face of availability of alternate remedies, I find no ground to issue any direction to enforce the stop memo issued on 9.10.2009. Without prejudice to the petitioner's right to seek other remedies, this writ petition is closed declining jurisdiction. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/22/10