IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 34412 of 2009(V) ------------------------------------------ PETITIONER(S): ------------------------ SAJI RAPHEL T., AGED 45, S/O.RAPHEL, THEKKEN HOUSE, EAST CHALAKUDY, THRISSUR DISTRICT. BY ADVS. MR.G.SREEKUMAR (CHELUR), MR.K.RAVI (PARIYARATH). RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHALAKUDY MUNICIPALITY REPRESENTED BY ITS SECRETARY, CHALAKUDY P.O., THRISSUR DISTRICT. 3. THE SECRETARY, CHALAKUDY MUNICIPALITY, CHALAKUDY P.O., THRISSUR DISETRICT. R2 & R3BY ADV. MR. M.P.ASHOK KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34412 of 2009-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of December, 2009. JUDGMENT The impugned Ext.P12 is appealable before the Tribunal for LSGIs even if the ground is that the cancellation of permit has been issued without pre-decisional notice. That position notwithstanding, the Secretary of the Corporation has also refused to issue occupancy certificate. There is no reason why the petitioner shall not take recourse to the available statutory remedy rather than move this Court before that. This writ petition is dismissed without prejudice to the petitioner's right to challenge Ext.P12 before the Tribunal. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0212