IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WA.No. 2325 of 2008 ------------------------------ AGAINST THE JUDGEMENT IN W.P.(C).NO.17549/2008 DATED 12/06/2008 .................... APPELLANT/ PETITIONER: -------------------------------------- E.P.ABDUL RAHIMAN HAJEE, CHERUMUKKU P.O, THIRURANGADI (VIA), MALAPPURAM DISTRICT. BY ADVS. MR.T.M.ABDUL LATHEEF, SMT.MIJI JOHN. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. KOZHIKODE CORPORATION, REPRESENTED BY ITS SECRETARY, KOZHIKODE. 2. SECRETARY, KOZHIKODE CORPORATION, KOZHIKODE. *ADDL.R3 IMPLEADED: 3. THE REGIONAL TOWN PLANNER, KOZHIKODE. *IS IMPLEADED AS PER ORDER DATED 05/03/2009 IN I.A. NO. 172/2009. R1 & R2 BY MR. K.D.BABU,SC,KOZHIKODE CORPORATION . THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.A. No. 2325 of 2008 ---------------------------------------- Dated this the 5th day of March, 2009 Judgment Koshy, Ag.C.J. Application of the appellant/petitioner for building permit has been rejected by the Municipal Corporation. The learned Judge did not entertain the appeal as there is an effective alternate remedy of appeal as provided under the Municipalities Act. Since statutory appeal is provided and learned Judge did not exercise discretionary jurisdiction, we see no ground to interfere in an intra court appeal. However, since this matter is pending before this court, if appeal is filed within three weeks from today, that shall be entertained by the Tribunal and disposed of on merit. Without expressing any opinion regarding the merits of the matter, we give freedom to the appellant to file statutory appeal as stated above and the writ appeal is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa