IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WA.No. 599 of 2009 ----------------------- AGAINST THE JUDGEMENT IN WPC.5454/2009 Dated 19/02/2009 .................... APPELLANTS/ PETITIONERS: -------------------------------- 1. THE KOZHIKODE DIST. CO-OP. HOSPITAL LTD NO.D-2002, ERANHIPALAM, KOZHIKODE - 673 006, REPRESENTED BY ITS SECRETARY. 2. PRESIDENT THE KOZHIKODE DIST. CO-OP. HOSPITAL LTD NO.D-2002, ERANHIPALAM, KOZHIKODE - 673 006. BY MR.M.M.MONAYE, ADVOCATE. MR.M.PAUL VARGHESE, ADVOCATE. RESPONDENTS: ------------------ 1. KOZHIKODE CORPORATION, KOZHIKODE - 673 032, REPRESENTED BY ITS SECRETARY. 2. CHIEF TOWN PLANNER, GOVERNMENT OF KERALA, PALAYAM, THIRUVANANTHAPURAM. 3. REGIONAL TOWN PLANNER, REGIONAL TOWN & COUNTRY PLANNING OFFICE, KOZHIKODE ,CALICUT - 673 005. BY MR.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1. MS. K. MEERA, GOVERNMENT PLEADER. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------ Writ Appeal No.599 OF 2009 ------------------------------------------ Dated this the 12th day of March, 2009. J U D G M E N T Kurian Joseph, J. The appellants are the petitioners in W.P.(C) No.5454/2009. The writ petition was filed challenging Exhibits P4, P6 and P8. Exhibit P4 is a communication from the Chief Town Planner, Thiruvananthapuram, Exhibit P6 is the consequential order passed by the Corporation and Exhibit P8 is the revised D.T.P scheme. 2. According to the appellants, the scheme is not legally framed and hence the Corporation has to independently look into the matter. Be that as it may, learned Single Judge has only observed that the appellants have a remedy before the Tribunal. The apprehension of the learned counsel for the appellants is that the Tribunal may not be in a position to go into the questions some of which are referred to above touching on the legality of W.A.No.599/2009 2 the scheme. Learned Government Pleader submits that being an ancillary/dependent issue, the Tribunal can go into that question also. Therefore, we dispose of the writ appeal making it clear that in the event of the appellants preferring an appeal before the Tribunal for Local Self Government Institutions within a period of one month from today, the same shall be treated to have been filed in time and thereafter the Tribunal shall dispose of the matter within another four months. KURIAN JOSEPH JUDGE S.S.SATHEESACHANDRAN JUDGE smp W.A.No.599/2009 3 KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. W.A. No.599 OF 2009 J U D G M E N T 12.03.2009