IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 19746 of 2008(A) -------------------------- PETITIONER: ------------ K.V.ABDUL MAJEED, KANDANATH VELATH HOUSE, CHOORAKODE, VALLAPPUZHA, PALAKKAD BY ADV. SRI.N.MURALEEDHARAN NAIR SRI.V.K.SHAMUSUDHEEN RESPONDENT: ------------- THE SECRETARY, VALLAPPUZHA GRAMA PANCHAYATH, VALAPPUZHA, PALAKKAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 19746 of 2008 ================== Dated this the 1st day of July, 2008 J U D G M E N T The petitioner challenges Ext.P3 order of the respondent whereby the petitioner has been directed to demolish the compound wall constructed by him. In Ext.P3 it is stated that the compound wall has been constructed subsequent to the implementation of the Building Rules in the panchayath whereas the petitioner would contend that the same was constructed prior to the implementation of the Building Rules in the panchayat. These are all questions of facts which have to be decided on the basis of evidence which can more appropriately be done before the appellate authority, viz., the Tribunal for Local Bodies. Therefore, without prejudice to the right of the petitioner to file an appeal before the Tribunal against Ext.P3 order, this writ petition is dismissed. However, to enable the petitioner to file an appeal and obtain interim order, I direct that Ext.P3 order shall not be implemented for a period of two weeks. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2