IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 225 of 2008(B) ------------------------------------ PETITIONER: -------------------- KONDANATH BEERAN HAJI, S/O.AHAMED, AGED 58 YEARS, KONDANATH HOUSE, KODINHI ROAD, TIRURANGADI P.O., 676 306, MALAPPURAM DISTRICT. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: ------------------------- 1. TIRURANGADI GRAMA PANCHAYAT, TIRURANGADI, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE ESTATE OFFICER, TIRURANGADI GRAMA PANCHAYAT, TIRURANGADI , MALAPPURAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2008 ALONG WITH WPC NO. 37389 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.225/2008 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF ORDER DTD. 23/10/2007 REVIEW PETITION NO. 67/2007 BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTONS, THIRUVANANTHAPURAM. EXT.P2: COPY OF ORDER NO.392/02 DTD. 31/12/2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE NOTICE DTD. 17/09/2007 ISSUED BY THE RESPONDENT. EXT.R1(B): COPY OF THE NOTICE DTD. 23/11/2007 ISSUED BY THE RESPONDENT. EXT.R1(C): COPY OF THE REPLY DTD. 1/10/2007 SENT BY PETITIONER TO THE RESPONDENT. EXT.R1(D): COPY OF THE REPLY DTD. 30/11/2007 SENT BY PETITIONER TO THE RESPONDENT. EXT.R1(E): COPY OF THE ORDER DTD. 1/1/2008 ISSUED BY THE RESPONDENTS TO THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 225 OF 2008 ----------------------------------------------- Dated this the 25th day of February, 2008 J U D G M E N T The petitioner who is lessee in possession of a shop room bearing No.G1 in the Shopping Complex owned by the first respondent Panchayat impugns in this writ petition as amended, Ext.P2 order passed by the second respondent Estate Officer under Kerala Public Buildings (Eviction of Unauthorised Occupants ) Act, 1968 directing the petitioner to vacate the room as well as Ext.R1(e) order issued by the Secretary of the Panchayat rejecting the petitioner's application for renewal of licence. Even though several attractive grounds have been raised by the petitioner including the ground that Ext.P2 order passed by the second respondent Estate Officer was an order passed by him deliberately with the objective of circumventing the directions of the Tribunal for Local Self Government Institutions in its order Ext.P1 and Sri.K.P.Dandapani learned senior counsel for the petitioner argued that both Ext.P2 and the subsequent order Ext.R1(e) issued by the Secretary are vitiated by violation of principles of natural justice I am not inclined to examine the merits of the grounds or the submissions addressed at the Bar. As rightly submitted by Sri.T.Sethumadhavan, learned counsel for the Panchayat, the petitioner has statutory remedy WP(C)N0. 225/08 -2- of appeal to the District Collector against Ext.P2. Since Ext.R1(e) itself is founded on Ext.P2 I am of the view that the petitioner should avail of the statutory remedy which is available to him against Ext.P2 I relegate the petitioner to that remedy against Ext.P2 and dispose of the writ petition without granting the relief sought for. However, considering the fact that the petitioner is presently eking out his livelihood by conducting backery business in a portion of a three storied shopping -cum-office complex belonging to the Panchayat, the other portions of the ground floor of the same being in the occupation of other traders, there will be a further order that the order of interim stay granted by this court will continue for a period of six more weeks from today. It is open to the petitioner to seek necessary interim orders in the appeal which he may file against Ext.P2. (PIUS C.KURIAKOSE, JUDGE) ksv/26208 WP(C)N0. 225/08 -3-