IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 1531 of 2008(G) ------------------------- PETITIONER: ------------ K. KUNHIKANNAN NAIR, S/O. A.T.V.KANNAN NAIR, 'INDEEVARAM', PUTHUKAI P.O HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------- 1. THE SECRETARY, KANHANGAD MUNICIPALITY, KANHANGAD, KASARAGOD DIST. 2. THE KANHANGAD MUNICIPALITY, KANHANGAD P.O., KASARAGOD DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE REGIONAL JOINT DIRECTOR, MUNICIPAL ADMINISTRATION, KOZHIKODE. 4. V. GANGADHARAN, PRESIDENT, Y.B.CLUB, NEAR SADASIVA TEMPLE, KANHANGAD, KASARAGOD. 5. V. VENUGOPALAN, S/O. PALLIKKAL KUNHAMBU NAIR, RESIDING NEAR G.U.P.SCHOOL, PUTHUKAI, PUTHUKAI P.O., KASARAGOD DISTRICT. R1-R2 BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL R5 BY ADV.SRI.M.GOPIKRISHNAN NAMBIAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1531 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 14th February, 2008 JUDGMENT I have heard the submissions of Mr.M.Sasindran, counsel for the petitioner, Mr.K.K.Chandran Pillai, counsel for the Municipality and the counsel for the party respondent. The possibilities of a rapprochement between the petitioner and the party respondent were explored by this court and it is seen that parties are not in a mood to settle the issue amicably. Under these circumstances, I am of the view that the petitioner has to exhaust statutory remedies available to him against Exts.P5 and P6 before invoking the extraordinary jurisdiction of this court under Article 226 of the Constitution. I dispose of the Writ Petition relegating the petitioner to the statutory remedies against Exts.P5 and P6. The interim order passed by this court will continue for one month. The petitioner is however reminded that he is taking risk for any untoward incident or damage which may be occasioned on account of the wall falling down. srd PIUS C.KURIAKOSE, JUDGE