IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 9014 of 2009(V) ------------------------- PETITIONER(S): ------------------- A.K.SEEMA, W/O.ASOKAN, 'A.K.HOUSE', BELLA POST, HOSDURG, KASARAGOD DISTRICT. BY ADV. MR.M.SASINDRAN RESPONDENT(S): --------------- 1. KANHANGAD MUNICIPALITY, KANHANGAD, KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KANHANGAD MUNICIPALITY, KANHANGAD, KASARAGOD DISTRICT. 3. STATE OF KERALA- REPRESENTED BY SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. MR. T.K. VIPINDAS -ADV. GOVERNMENT PLEADER MS. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.9014 OF 2009 ---------------------------------------- Dated this the 20th day of March, 2009 JUDGMENT The petitioner challenges Ext.P16 order whereby the petitioner has been directed to demolish certain construction made by the petitioner allegedly unauthorisedly. 2. I am not inclined to entertain this writ petition in so far as the petitioner's remedy lies in filing an appeal against Ext.P16 order as provided under the Kerala Municipality Act. Therefore, without prejudice to that right, this writ petition is dismissed. However, the learned counsel for the petitioner submits that the petitioner may be given a breathing time to file an appeal and seek interim orders from the Appellate Authority. 3. I have heard the learned Standing Counsel appearing for the Municipality also. In the facts and circumstances of the case, I direct the respondents to keep further proceedings pursuant to Exts.P16 W.P.(C)No.9014/09 2 and P17 in abeyance for a period of two weeks so that the petitioner can file an appeal and seek interim orders from the Appellate Authority S. SIRI JAGAN, JUDGE Acd