IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30383 of 2008(P) ------------------------------------- PETITIONER(S): ---------------------- KHADEEJA BEEVI, MANAKKAT HOUSE, POST-COCHIN UNIVERSITY, KALAMASSERY. BY ADV. SRI.C.VALSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ------------------------ 1. KALAMASSERY MUNICIPALITY POST-KALAMASSERY, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KALAMASSERI MUNICIPALITY, POST-KALAMASSERY. 3. K.T.ITTY CHERIAN, KALLUPARAMBIL HOUSE T.O.G ROAD, VADAKKEPURAM, KADAVU ROAD, KALAMASSERY. BY SRI. M.K. ABOOBACKER FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.30383 of 2008 ================== Dated this the 16th day of October, 2008. J U D G M E N T The petitioner challenges Ext.P6 notice whereby the petitioner has been directed by the 2nd respondent to demolish certain portions of his building. Admittedly the petitioner has a right of appeal against Ext.P6 order as provided under the Kerala Municipality Act. But the apprehension of the petitioner is that by the time he can file an appeal, the period prescribed in Ext.P6 for demolition of the building would be over and the respondents 1 and 2 may implement the order. 2. I have heard the learned standing counsel appearing for the Municipality also. Although, I am not inclined to entertain this writ petition in view of the alternate remedy by way of appeal available to the petitioner, I feel that the petitioner should be given some breathing time to file an appeal and seek interim orders from the appellate authority. Accordingly, this writ petition is disposed of without prejudice to the right of the petitioner to file an appeal against Ext.P6 order as provided under the Kerala Municipality Act. To enable the petitioner to file an appeal and seek interim orders, W.P(C)No.30383 of 2008 - 2 - I direct respondents 1 and 2 to keep further proceedings pursuant to Ext.P6 in abeyance for a period of two weeks. S.SIRI JAGAN, JUDGE rhs