IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WA.No. 486 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.35307/2008 DATED 01/12/2008 .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. JOSE POTTOKKARAN, S/O.ANTONY, RESIDING AT POTTOKKARAN HOUSE, MISSION QUARTERS, THRISSUR - 680 001. 2. ANIYAMMA JOSE, W/O.JOSE POTTOKKARAN, RESIDING AT POTTOKKARAN HOUSE, MISSION QUARTERS, THRISSUR- 680 001. 3. ANTONY POTTOKKARAN, S/O. JOSE POTTOKKARAN, RESIDING AT POTTOKKARAN HOUSE,MISSION QUARTERS, THRISSUR -680 001. 4. ANJU ANTONY,W/O. ANTONY POTTOKKARAN, RESIDING AT POTTOKKARAN HOUSE, MISSION QUARTERS, THRISSUR- 680 001. 5. PAULSON THENGUMPALLIL, S/O.T.J.MATHEW, RESIDING AT OOTTY GARDENS, KIZHAKKUMPATTUKARA, THRISSUR. 6. ANN PAULSON ALIAS ANN JOSE POTTOKKARAN, W/O. PAULSON THENGUMPALLIL ,RESIDING OOTTY GARDENS, KIZHAKKUMPATTUKARA, THRISSUR. (APPELLANTS 2 TO 6 ARE REPRESENTED BY THE 1ST APPELLANT AS THEIR POWER OF ATTORNEY HOLDER HEREIN) BY MR. V.CHITAMBARESH, SENIOR ADVOCATE, ADV.MR.T.C.SURESH MENON, RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE LOCAL SELF GOVENMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. W.A. NO. 486/2009: 2. THE THRISSUR COPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR. R1 BY GOVT. PLEADER MR. BENJAMIN PAUL, R2 BY MR. K.B. MOHANDAS, S.C. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A. NO. 486/2009: ORDER ON I.A. NO. 185/2009 IN W.A. NO. 486/2009 DISMISSED SD/- J.B.KOSHY, ACTING CHIEF JUSTICE, 05/03/2009. SD/- V. GIRI, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.A. No. 486 of 2009 ---------------------------------------- Dated this the 5th day of March, 2009 Judgment Koshy, Ag.C.J. Application of the appellant/petitioner for building permit has been rejected by the Municipal Corporation. The learned Judge did not entertain the writ petition as there is an effective alternate remedy of appeal as provided under the Municipalities Act. Since statutory appeal is provided and learned Judge did not exercise discretionary jurisdiction, we see no ground to interfere in an intra court appeal. However, since this matter is pending before this court, if appeal is filed within three weeks from today, that shall be entertained by the Tribunal. Without expressing any opinion regarding the merits of the matter, we give freedom to the appellant to file statutory appeal as stated above and the writ appeal is disposed of. J.B.Koshy Acting Chief Justice V. Giri Judge vaa