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 WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WA.No. 443 of 2009() ---------------------------------- (AGAINST THE JUDGMENT DATED 9/02/2009 IN WP(C) NO.3865/09) APPELLANT(S): PETITIONER: --------------------------------------------- NOORUL ISLAM EDUCATIONAL TRUST, NICE GARDEN, ARALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. MR.P.RAMAKRISHNAN RESPONDENT(S): RESPONDENTS: ----------------------------------------------------- 1. NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA, THIRUVANANTHAPURAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.443 of 2009 ------------------------------------- Dated 25th February, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner challenges Ext.P16 order of rejection of his application. Learned single Judge did not grant any relief and dismissed the writ petition with liberty to the petitioner to seek statutory remedy of appeal before the appropriate authority. When the learned Judge dismissed the writ petition on the ground of alternate remedy, it is not proper for this court to interfere in the same in an intra-court appeal. We make it clear that if appeal is filed within two weeks from today, the same shall be disposed of on merit by the appellate authority. It is for the petitioner to file an interim application also along with the appeal. If such application is filed, it should be considered according to law. The appeal is disposed of accordingly. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks