IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26802 of 2010(A) -------------------------- PETITIONER(S): --------------- P.M. JOSEPH, S/O. MATHAI PAPPU, AGED 59 YEARS, PUNATHIL HOUSE, CHANGAMPUZHA NAGAR P.O., KALAMASSERY - 682 033. BY ADV. SRI.ANTONY M. AMBAT RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM DIST. 2. TALUK SURVEYOR, OFFICE OF THE TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM. 3. SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY, KOCHI-682 021. R1 & R2 BY G.P. SMT. K.R. DEEPA R3 BY ADV. SHRI M.K. ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26802 of 2010-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2010. JUDGMENT The petitioner is aggrieved by Ext.P12 notice issued by the Secretary of the Municipality. The issue relates to the alleged encroachment on an area of land to the extent of 2.19 cents in Survey No.505/10 of Thrikkakara North Village. It is the case of the petitioner that he has filed Ext.P9 appeal before the Municipal Council. 2. Learned counsel for the Municipality submitted that the present proceedings were initiated based on the directions of the learned Ombudsman and earlier there was a direction by the Municipal Council itself to the petitioner to challenge the proceedings of the revenue authorities in appropriate forum, which has not been done so far. 3. In the light of the fact that an appeal has been filed before the Municipal Council, there will be a direction to the Council to take a decision on Ext.P9 appeal, within a period of one month from the date of receipt of a copy of this judgment. Till then, status-quo as on today will be maintained. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) 2 kav/