IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 33716 of 2008(L) -------------------------- PETITIONER(S): --------------- PERINCHEERIKARA ALAVI, S/O. MOHAMMED, KUTTIYIL HOUSE, THENHIPALAM AMSOM, DESOM, P.O. CHENKKALANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, THIRURANGADI. 3. THE SECRETARY, THENHIPALAM GRAMA PANCHAYATH, THENHIPALAM, MALAPPURAM DISTRICT. 4. KLANDAMKULANGARA JUMA MASJID COMMITTEE, REPRESENTED BY ITS SECRETARY, P.O. CHENAKKALANGADI, MALAPPURAM DISTRICT. ADV. SRI.E.NARAYANAN FOR R4 SRI.K.P.SUDHEER FOR R3 GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33716 of 2008 EXT.P1: COPY OF THE COMPLAINT DATED 16.2.2003. EXT.P2: COPY OF THE LETTER BY R1 TO R2. EXT.P3: COPY OF THE COMPLAINT TO R1. EXT.P4: COPY OF THE POSTAL ACKNOWLEDGEMENT CARD EXT.P5: COPY OF THE REPRESENTATION TO R1 TO R3. RESPONDENT'S EXHIBITS EXT.R4a: TRUE COPY OF THE RECEIPT DATED 23.09.03 HAVING RECEIPT NUMBER 261 OF RECEIPT BOOK NUMBER 6. EXT.R4b: COPY OF THE ADVERTISEMENT PUBLISHED IN MATHRUBHUMI DAILY DATED 14.5.2008., EXT.R4c: COPY OF THE ORDER NO.L4 14651/05 DATED 01-07-08 PASSED BY THE DISTRICT COLLECTOR. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ---------------------------------------- W.P.(C)No.33716 OF 2008 ---------------------------------------- Dated this the 28th day of November, 2008 JUDGMENT The petitioner is challenging Order No.L.4-14651/05 dated 01.07.2008 passed by the 1st respondent – District Collector in the matter of establishing a burial ground by the 4th respondent near the property of the petitioner with a further grievance that the petitioner has not been favoured with a copy of the said order. On 14.11.2008, I passed the following order in the writ petition: “Since I am inclined to relegate the petitioner to the alternate remedy by way of appeal before the Government as provided under the Rules, I am inclined to consider only the prayer of the petitioner for issue of a copy of the order which is sought to be impugned in this writ petition. Notice by special messenger on that issue. Post on 18/11/2008”. Today, the learned Government Pleader hands over a copy of the order of the District Collector to the learned counsel for the petitioner. In the above circumstances, I am of opinion that the W.P.(c)No.33716/2008 2 petitioner's remedy now lies in filing an appeal against that order before the Government, if he is so inclined. Therefore, without prejudice to the right of the petitioner to challenge that order before the Government as provided in the Rules, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.33716/2008 3