IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WA.No. 2271 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.32801/2008 Dated 07/11/2008 .................... APPELLANT: PETITIONER ------------------------------------ N.S. SASI, SHANTHI NIVAS, MANNARKKAD, PALAKKAD DISTRICT, REPRESENTED BY HIS FATHER AND POWER OF ATTORNEY HOLDER, SIVASANKARAN, SHANTHI NIVAS, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SMT.JAYASREE MANOJ RESPONDENTS: RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT TOWN PLANNER, MALAPPURAM. 3. THE MALAPPURAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MALAPPURAM. R1 BY SENIOR GOVERNMENT PLEADER, SMT.K.MEERA R2 TO R3 BY SRI.BABU S. NAIR, SC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2271 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November, 2008 JUDGMENT H.L.DATTU, C.J. This writ appeal is directed against the orders passed by the learned Single Judge in WP(C) No.32801 of 2008, dated 07.11.08. By the impugned order, the learned Single Judge, without going into the merits of the case, has merely relegated the petitioner to approach the appellate forum, if, for any reason, the petitioner is aggrieved by Ext.P2 order passed by the Malappuram Municipality. 2. Petitioner had filed an application before the Malappuram Municipality for grant of permission for construction of a residential building in the land in Survey No.621/3A of Malappuram Village in Malappuram Municipality. The said application is rejected by the Secretary of the Municipality on two grounds. They are - i) The property is one intended for acquisition for residential purposes under the DTP Scheme. The application is contrary to the Regional Restrictions. ii) The application is in violation of Rule 30(1) of Kerala Municipality Building Rules, 1999. 3. If, for any reason, the petitioner was aggrieved by Ext.P2 W.A.No. 2271 of 2008 -:2:- order/notice issued by the Secretary of the Malappuram Municipality, he ought to have questioned the said order before appropriate forum provided under the statute itself. The remedy that is provided under the statute is not only effective but also an efficacious remedy. Bypassing that remedy provided in the statute, the petitioner could not to have approached this Court, if, for any reason, he is aggrieved by Ext.P2 notice issued by the Secretary of the Malappuram Municipality. 4. Keeping all these aspects of the matter in view, the learned Judge, in our opinion, has, rightly, relegated the petitioner to approach the appellate forum. We do not see any good grounds to interfere with the orders passed by the learned Judge. Therefore, the Writ Appeal requires to be dismissed and it is dismissed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb W.A.No. 2271 of 2008 -:3:-