IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7252 of 2009(B) ------------------------- PETITIONER(S): --------------- 1. M.K. SOMAN, AGED 39 YEARS, S/O. THANKACHAN, MUZHANGATHU HOUSE, BEHAMAMANGALM P.O., KOTTAYAM DIST. 2. MRS. SANDHYA SOMAN, W/O. M.K. SOMAN, MUZHANGATHU HOUSE, BRAHAMANGALAM P.O., KOTTAYAM DIST. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. THE CHEMBU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, BRAHAMANGALAM P.O., KOTTAYAM DISTRICT. 2. THE SECRETARY CHEMBU GRAMA PANCHAYATH, BRAHAMANGALAM PO,KOTTAYAM 3. THE BUILDING INSPECTOR CHEMBU GRAMA PANCHAYATH, BRAHAMANGALAM PO,KOTTAYAM 4. MRS. ANJANA, R.KALAYIL HOUSE, BRAHAMANGALAM PO,KOTTAYAM 5. THE VILLAGE OFFICER, CHEMBU VILLAGE OFFICER, KATTIKUNNU P.O., CHEMBU, KOTTAYAM DIST. GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 7252 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th March, 2009. J U D G M E N T The petitioners challenge Ext. P9 final order, whereby earlier provisional order directing demolition of certain parts of the petitioners' building has been confirmed. 2. I am not inclined to entertain the challenge against Ext. P9 order at this juncture in so far as the petitioners have an effective alternative remedy by way of appeal as provided under the Kerala Panchayat Raj Act against Ext. P9 order. However, the petitioner expresses an apprehension that before the petitioners can approach the Appellate Authority and seek stay, the Panchayat may implement Ext. P9 order in which case the appeal would become infructuous. 3. In the above circumstances, the writ petition is disposed of with the following directions. The petitioners shall file an appeal against Ext. P9 order. To enable the petitioners to move the Appellate Authority for interim orders, I direct that Ext. P9 order shall be kept in abeyance for a period of ten days. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.