IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28712 of 2008(R) -------------------------- PETITIONER: --------------- C.P.JOY, AGED 43, S/O.PORINJU, CHIRIYANKANDATHU HOUSE, AYYANTHOLE DESOM, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: --------------- 1. THE THRISSUR MUNICIPAL CORPORATION, REP.BY ITS SECRETARY,M.O.ROAD, THRISSUR. 2. THE SECRETARY, THRISSUR MUNICIPAL CORPORATION, REP.BY ITS SECRETARY, M.O.ROAD, THRISSUR. 3. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., LOCAL SELF GOVT.DEPARTMENT THIRUVANANTHAPURAM. BY ADV. SRI. K.B. MOHANDAS, SC, THRISSUR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vkm ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 28712 of 2008 -------------------------------------------------------- Dated: SEPTEMBER 26, 2008 JUDGMENT Heard both sides. 2. Ext.P4 is an order passed by the 2nd respondent exercising his powers under Sec.406(2) of the Kerala Municipality Act. In my view, there is no reason for the petitioner to invoke the extraordinary jurisdiction of this Court as the order is an appealable one. However, learned counsel for the petitioner justifiably contends that since there is only three days time for its implementation, before appellate remedy is sought, the order is likely to be implemented. 3. Having regard to this limited grievance of the petitioner, I feel that in order to enable the petitioner to pursue the appellate remedy that is available, implementation of Ext.P4 should be deferred for a short while. WP(C) 28712 of 2008 2 4. Accordingly it is directed that it will be open to the petitioner to seek the appellate remedy against Ext.P4 and in order to enable him to do so, I direct that further proceedings pursuant to Ext.P4 shall be deferred for a period of two weeks from today. 5. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE mt/-