IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 5157 of 2008(L) ------------------------- PETITIONER: ------------ V.O. DEVASSY, VITHAYATHIL HOUSE, NEAR KESARI COLLEGE, NORTH PARAVUR. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------- 1. THE SECRETARY, PARAVUR MUNICIPALITY, N. PARAVUR, PIN-683 513. 2. PARAVUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, OFFICE OF THE PARAVUR MUNICIPAL OFFICE, N. PARAVUR,PIN-683 513. 3. SUDHEESH, S/O. THANKAPPAN, SREE VISHNU NILAYAM, PARAVUTHARA, PARAVUR VILLAGE. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.SHAJI SRI.JIJO PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 5157 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31th day of March, 2008 JUDGMENT It is seen that Ext.P3 order of the Municipality under challenge in this writ petition is appealable to the Tribunal for Local Self Government Institutions. I dispose of the writ petition relegating the petitioner to that remedy. Sri.Jijo Paul, counsel for the party respondent submits that continuance of the interim order will result in hardship to the party respondent since it will be difficult to enforce demolition of the building if ultimately it is found that the constructions have been made upon the property belonging to him. Considering the above submission, even as I dispose of the writ petition relegating the petitioner to the Tribunal for Local Self Government Institutions and continuing the interim order dated 13/02/2008, it is made clear that it is open to the party respondent to move either the civil court or the Tribunal for Local Self Government Institutions for appropriate interim order in substitution of the interim WPC.No.5157/08 2 order passed by me. The Tribunal or the civil court is competent to pass any appropriate order on any motion which may be made by the party respondent for interim orders regarding the continuance of the construction without being influenced in any manner by the interim order passed by this court. The petitioner shall file appeal before the Tribunal within two weeks from today. If the appeal is filed within two weeks from today, the Tribunal will entertain that appeal and dispose of the same in accordance with law, notwithstanding the apparent delay. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.5157/08 2