IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26794 of 2008(M) -------------------------- PETITIONER: ------------------ JOSEPH @ SIBI DOMINIC,AGED 38 YEARS NELLOLAPOYKAYIL HOUSE,VELLARANKUNNU KARA KUMILI VILLAGE, PEERUMEDU TALUK,IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: ---------------------- 1. THE KUMILI GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYATH OFFICE,KUMILI, PEERUMEDU TALUK, IDUKKI DISTRICT. 2. A.O.JOHN, S/O OUSEPH, AZHAKANPRAYIL,VELLARAMKUNNU KARA, KUMILI VILLAGE,PEERUMEDU TALUK,IDUKKI DISTRICT. BY SRI.S.SHANAVAS KHAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 26794 OF 2008 M = = = = = = = = = = = = = = = = = Dated this the 4th day of September 2008 J U D G M E N T The challenge in this writ petition is against Ext. P8. 2. Ext. P8 is an order passed by the Secretary of the 1st respondent Panchayat requiring the petitioner to remove the construction mentioned therein on the ground that it is an unauthorised one. In my view, the statute itself provides for an effective remedy of appeal and I see absolutely no justification for permitting the petitioner to invoke the extraordinary jurisdiction of this Court at least at this stage. 3. Therefore, I dispose of this writ petition leaving it open to the petitioner to pursue the statutory remedies that are available. At this stage the petitioner expressed an apprehension that unless the operation of Ext. P8 is suspended for a short while, there is every likelihood of the order being implemented in the meanwhile. 4. I heard the Standing Counsel for the Panchayat also. W.P.(C) No. 26794 OF 2008 -2- 5. Having regard to the apprehension now expressed by the petitioner, I direct that Ext. P8 be kept in abeyance for a period of 3 weeks from today and in the meanwhile it will be open to the petitioner to avail of the statutory remedy and obtain appropriate orders safeguarding his interest. ANTONY DOMINIC JUDGE jan/-