IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 27858 of 2009(B) -------------------------- PETITIONER(S): --------------- T.M.MURALEEDHARAN NAIR, AGED 46 YEARS, S/O. LATE MADHAVAPANICKER, THAIVEEDUMVELI HOUSE, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.P.K.IBRAHIM SRI.D.B.BINU RESPONDENT(S): --------------- 1. THE SECRETARY, PATTANAKKADU GRAMA PANCHAYATH (SPECIAL GRADE), PATTANAKKAD P.O., ALAPPUZHA DISTRICT. 2. RELIANCE COMMUNICATIONS LTD., A & P ARCADE, SAHODARAN AYYAPPAN ROAD, KADAVANTHRA, KOCHI, REPRESENTED BY ITS DULY CONSTITUTED POWER OF ATTORNEY HOLDER, THE CIRCLE LEGAL MANAGER. R2 BY ADV.V.G.ARUN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.27858 OF 2009 ------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT The impugned Ext.P7 is a decision issued by the secretary of a grama panchayat. Though that order has been issued after an earlier round of proceedings that led to W.A.No.1713/08, the fact of the matter remains that the issues raised relate to the correctness or otherwise of Ext.P7 decision in relation to the provisions contained in the Kerala Municipality Building Rules, 1999. The said bunch of rules has clear provisions regulating the installation of mobile telecommunication towers. Any other matter attendant thereto and which the secretary of the grama panchayat has failed to consider or has erroneously considered would also fall within the pale of the Tribunal for Local Self Government Institutions in terms of the provisions of the Panchayat Raj Act, 1994. The plea of the petitioner that the panchayat secretary has not considered the matters in terms of the direction of this Court does not, by itself, generate the necessity for this Court to exercise its discretionary jurisdiction WPC.27858/09 Page numbers under Article 226 of the Constitution of India when the tribunal has abundant jurisdiction to go into the matter and the tribunal is one that is constituted exclusively to deal with matters falling under the Panchayat Raj Act and the Municipality Act. On the face of such alternate efficacious remedy being available, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/10.