IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 5486 of 2011(I) -------------------------------- PETITIONER(S): ------------------- K.S.SHIYAD, AGED 35 YEARS, S/O.V.A.MUHAMMED SADIQUE KAROTTUMALIL HOUSE, MALLOOSSERY POST, VARISSERY KARA, PERUMBAIKKADU VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT(S): --------------------- 1. THE AYMANAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY AYMANAM POST, KOTTAYAM TALUK - 686015. 2. THE SECRETARY, AYMANAM GRAMA PANCHAYATH, AYMANAM POST, KOTTAYAM TALUK 686015. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.5486 OF 2011 -------------------------------------------- Dated this the 22nd day of February, 2011 JUDGMENT The petitioner is the absolute owner in possession of 3 cents of land comprised in Sy.No.527/29-3 of Perumbaikkadu Village. This Writ Petition has been filed mainly challenging Ext.P7 order whereby the petitioner was asked to demolish the building constructed in the aforementioned property. Obviously, such a direction was issued as per Ext.P7 on the ground that constructions were carried out not in accordance with the approved plan of the building. In view of the order I propose to pass in this Writ Petition I do not think it necessary to consider the contentions raised in this Writ Petition, on merits. Admittedly, Ext.P7 is an appealable order under Section 276 of the Kerala Panchayath Raj Act (for short 'the Act'). Obviously, Ext.P7 is an order passed under Section 235W (1) of the Act. An appeal will lie against such an order in terms of Section 276(4) of the Act before the Tribunal constituted for Local Self Government Institutions under Section 271 S. In view of the fact that Ext.P7 is an appealable order, I am of the view that the petitioner has to W.P.(C) NO.5486/2011 2 resort to the statutory remedy to redress his grievances against the same, in accordance with law. In view of the provisions under Section 276(6), an appeal is to be preferred only within a period of thirty days of the notice. Ext.P7 is dated 5.2.2011 and as such, the period would expire only on 4.3.2011. Therefore, the respondents shall not take coercive steps pursuant to Ext.P7 till 4.3.2011 so as to enable the petitioner to prefer an appeal, if he is advised to do so, within the statutorily prescribed period. This Writ Petition is disposed of , accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.5486/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.5486/2011 4