IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 9335 of 2010(N) ------------------------- PETITIONER(S): --------------- KALYAN KENDRA SILK & SAREES PVT. LTD., M.M.ALI ROAD, CALICUT, REP. BY ITS MANAGING DIRECTOR, ARSHAD ABDULLA, MUMTAZ BHAVAN, S.K.TEMPLE ROAD, CALICUT. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION OF CALICUT, REP. BY ITS SECRETARY, CORPORATION OFFICE, CALICUT. 3. SECRETARY, CORPORATION OF CALICUT, CORPORATION OFFICE, CALICUT. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R2,3 BY GOVT. PLEADER SMT. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9335 OF 2010 (N) -------------------------------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T Heard both side. 2. The controversy in this writ petition relates to the implementation of the decision of the Municipality for putting up metal pipe fencing along the pathway in front of the petitioner's shop. Pursuant to Ext.P8 judgment of this court in WP(c). No.34089/09, the Secretary has passed Ext.P9 order rejecting the objections placed by the petitioner. It is challenging Ext.P9 that this writ petition is fled. 3. The standing counsel for the Municipality points out the availability of alternate remedy of appeal under Section 509(1) of the Municipality Act, which is to be filed before the Council of the Municipality. 4. Having gone through the provision in Section 509(1), I am satisfied that he petitioner has alternate remedy of appeal. Therefore, there is no necessity for this court to entertain this writ petition. WPC.No. 9335/2010p :2 : Therefore, I dispose of this writ petition leaving it open to the petitioner to purse the alternate remedy of appeal against Ext.P9. However, in order to enable the petitioner to move the appellate authority as above and obtain interim orders, it is directed that all proceedings pursuant to Ext.P9 will be kept in abeyance for a period of 3 weeks from today. (ANTONY DOMINIC) JUDGE vi/