IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37571 of 2008(W) -------------------------- PETITIONER(S): ------------------- V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST REPRESENTED BY THE MANAGING TRUSTEE – SECRETARY DR. O. KANNAPPAN, NO.25, JAWAHAR MAIN ROAD, NRT NAGAR, THENI – 625 531. BY ADV. SRI.S.RADHAKRISHNAN SRI.S.RAJ MOHAN RESPONDENT(S): -------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION GOVT. OF KERALA GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYAT, THE DIRECTORAE OF PANCHAYAT, TRIVANDRUM. 3. THE PUDUSSERRY GRAMA PANCHAYAT, REPRESENTED BY THE SPECIAL GRADE SECRETARY, PUDUSSERY GRAMA PANCHAYAT, KANJIKODE P.O., PALAKKAD – 678 621. GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.37571 OF 2008 ---------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT The petitioner challenges Ext.P5 order of the 3rd respondent whereby the petitioner has been directed to stop construction of a building which according to the 3rd respondent is without obtaining a valid permit under the Kerala Building Rules, to close down a hospital being run without a licence and to demolish a hoarding erected without permission from the Panchayat. I am of opinion that the petitioner’s remedy against Ext.P5 lies in filing an appeal as provided under the Kerala Panchayat Raj Act. The learned counsel for the petitioner submits that the Medical Council of India is scheduled to visit the petitioner’s premises for the purpose of preliminary inspection for the grant of recognition and the Panchayat has sealed the building, the result of which would be that the petitioner would not be able to satisfy the requirements for recognition by the MCI. In the above circumstances, while dismissing the writ petition relegating the petitioner to their statutory remedies, I W.P.(c)No.37571/08 2 direct the Panchayat to see that the building is kept open for inspection of the MCI on 31.12.2008 or on any subsequent date as requested by the petitioner. S. SIRI JAGAN, JUDGE Acd