IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 28752 of 2011(T) --------------------------------------- PETITIONER(S): ----------------------- 1. DR.JITHU GEORGE, S/O.GEORGE, KODIYIL HOUSE, IRINJALAKUDA, THRISSUR DISTRICT. 2. MRS.GOLDI JITHU, W/O.JITHU GEORGE, KODIYIL HOUSE, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR, SRI.M.R.DHANIL, SMT.J.HRUDYA. RESPONDENT(S): ------------------------- THE ALUVA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALUVA, PIN-683 101. BY ADV. MR.V.M. KURIAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 28752 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE SALE DEED DATED 23.12.2010. EXT.P2 PHOTOCOPY OF THE TAX RECEIPTS DATED 26.7.2011 ISSUED BY THE RESPONDENT. EXT.P3 PHOTOCOPY OF THE PLAN SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P4 PHOTOCOPY OF THE BUILDING PERMIT NO.B.A.172/10-11 DATED 19.1.2011. EXT.P5 PHOTOCOPY OF THE ORDER DATED 11.5.2011 ISSUED BY THE RESPONDENT. EXT.P6 PHOTOCOPY OF THE REPLY SUBMITTED BEFORE THE RESPONDENT ON 25.5.2011. EXT.P7 PHOTOCOPY OF THE NOTICE DATED 16.6.2011 ISSUED BY THE RESPONDENT. EXT.P8 PHOTOCOPY OF THE PROCEEDINGS NO.BA 172/10-11 DATED 17.10.2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NO.28752 OF 2011 ------------------------------- DATED THIS THE 28TH DAY OF OCTOBER, 2011 JUDGMENT This writ petition is filed seeking to quash Ext.P8 order of demolition and for other incidental reliefs. 2. When the matter is taken up for admission today, the learned Standing Counsel for the respondent submits that the remedy open to the petitioners is to file a statutory appeal before the Tribunal for Local Self Government Institutions. In the aforesaid facts and circumstances of the case, the writ petition is disposed of directing the petitioners to file an appeal before the Tribunal for Local Self Government Institutions for redressal of their grievances. In the event of the petitioners file an appeal before the said Tribunal within three weeks from today, the Tribunal shall consider and pass appropriate orders on the appeal, as if the appeal is filed in time. All further proceedings pursuant to -2- W.P.(C).No.28752/2011 Ext.P8 shall be kept in abeyance, till final order is passed by the Tribunal on the appeal. HARUN-UL-RASHID, Judge. kcv.