IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 22022 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. DAMIYAN LOUIS, SACRED HEART HOUSE, AMBALATHUMOOLA, CHOWARA P.O., KOTTUKAL, THIRUVANANTHAPURAM. 2. SIRIL MORAYEES, ST. JACOB HOUSE, PULLUVILA P.O., POOVAR, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): 1 ---------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT. DEPARTMENT, OF LOCAL SELF GOVT. INSTITUTIONS, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. ASSISTANT DIRECTOR, RESURVEY NEYYATTINKARA, THIRUVANANTHAPURAM. 4. TAHSILDAR, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 5. KOTTUKAL GRAMA PANCHAYATH, KOTTUKAL P.O., THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. WP(C).No. 22022 of 2009 :: 2 :: 6. SECRETARY, KOPTTUKAL GRAMA PANCHAYATH, KOTTUKAL P.O., THIRUVNANTHAPURAM. 7. VILLAGE OFFICER, KOTTUKAL VILLAGE NEYYATTINKARA, THIRUVANANTHAPURAM. 8. SHAJI THOMAS, KAKKANADU LANE, MANJANAKKAL HOUSE, KESAVADASAPURAM, ULLOOR MURIYIL, ULLOOR VILLAGE, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.22022 of 2009 ---------------------------------------- Dated this the 4th day of August, 2009. JUDGMENT The petitioners are aggrieved by Ext.P7 building permit granted in favour of the 8th respondent. They sought for revocation of the permit granted by moving an application before the original authority. The said application has been rejected under Ext.P12, passed after hearing the petitioners as also the 8th respondent. 2. The petitioners have also moved the District Collector, Thiruvananthapuram, seeking to cancel the mutation, which according to them, has been effected at the instance of the 8th respondent. This writ petition has been filed challenging Exts.P7 and P12 and also praying for a direction that Ext.P13 representation filed before the District Collector shall be looked into. W.P.(C).No.22022 of 2009 :: 2 :: 3. I am not inclined to consider the petitioners' contention on merits, since the petitioner have an efficacious alternate remedy. 4. Accordingly, if the petitioners file an appeal challenging Ext.P7 within three weeks from today before the appellate tribunal, then the Tribunal shall consider the said appeal, as presented in time and proceed to pass appropriate orders, after hearing both the parties, within three months thereafter. The petitioners may challenge the correctness of Ext.P12 also in the said appeal. 5. In the meanwhile, the District Collector the 3rd respondent shall look into Ext.P13 and take an appropriate decision thereon within two months from the date of production of a copy of this judgment, along with a copy of the writ petition. If the District Collector feels that any subordinate officer to him has to pass orders on Ext.P13, then it is open to the District Collector to forward Ext.P13 W.P.(C).No.22022 of 2009 :: 3 :: to such subordinate authority. In such an event, a decision on Ext.P13 shall be taken within three months from the date of production of a copy of this judgment. Writ petitions are disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge