IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 33933 of 2008(M) -------------------------- PETITIONER(S): --------------- K.P.ASOKAN, CHEMBAZHANTHIYIL HOUSE, CHETTIKADU, PATHIRAPPILLY, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. THE MARARIKULAM SOUTH GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MARARIKULAM SOUTH P.O., ALAPPUZHA. 2. K.P.ARAVINDAKSHAN, OVERSEAR, MARARIKULAM SOUTH PANCHAYATH, MARARIKULAM SOUTH P.O., ALAPPUZHA. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.33933 OF 2008 ---------------------------------------- Dated this the 24th day of November, 2008 JUDGMENT The petitioner is challenging Ext.P5 order, whereby the petitioner has been directed to demolish a compound wall constructed by the petitioner. I am not inclined to entertain this writ petition since the petitioner has an effective alternate remedy by way of appeal against Ext.P5 order as provided under the Kerala Panchayat Raj Act. However, the petitioner raises an apprehension that the Panchayat may take steps to demolish the building before the petitioner can move the Tribunal and obtain interim orders. In the above circumstances, while dismissing the writ petition without prejudice to the right of the petitioner to challenge Ext.P5 in an appropriately constituted appeal as provided under the Kerala Panchayat Raj Act, I direct the 1st W.P.(c)No.33933/08 2 respondent not to implement Ext.P5 order for a period of two weeks to enable the petitioner to move the Tribunal for interim orders. S. SIRI JAGAN, JUDGE Acd