IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5910 of 2009(G) ------------------------- PETITIONER(S): --------------- 1. WILSON @ CHERIAN, S/O. VARGHESE, AGED 41, KARIPRA HOUSE, KANJIRAKKAD KARA, PERUMBAVOOR VILLAGE, RAYONPURAM P.O., KUNNATHUNAD TALUK. 2. KOCHU THRESSIA @ LILLY, W/O. WILSON, DO. DO. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY, LOCAL ADMINISTRATION DEPT, SECRETARIAT, THIRUVANANTHAPURAM. 2. PERUMBAVOOR MUNICIPALITY, REP. BY ITS SECRETARY, PERUMBAVOOR P.O. 3. LILLY, D/O. LATE MATHU, PALAKKARAN HOUSE, KANJIRAKKAD KARA, PEFUMBAVOOR VILLAGE, KAYONPURAM P.O., KUNNATHUNAD TALUK. BY ADV. SRI. V.M. KURIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 5910 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th February, 2009. J U D G M E N T The petitioner challenges Ext. P3 order, whereby the petitioner has been directed to demolish a compound wall which, according to the Municipality, has been constructed without obtaining permit from the Municipality and as per a complaint received from the persons of the locality, has been constructed obstructing the use of a water tap being used by the people of the locality. According to the petitioner, Ext. P3 order has been issued without any notice or hearing of the petitioner. 2. Learned standing counsel for the Municipality submits that the petitioner has an effective alternate remedy by way of appeal as provided under the Kerala Municipality Act. However, counsel for the petitioner submits that as per Ext. P3, the petitioner has been directed to demolish the compound wall within three days and by the time the petitioner files an appeal and seeks interim orders, the demolition would take place. 3. Taking into consideration the facts and circumstances of this case, I dispose of this writ petition with the following directions: The petitioner may file an appeal against Ext. P3 order and seek interim orders as provided under the Kerala Municipality Act. To enable the petitioner to move the appellate authority and seek interim orders, I direct the 2nd respondent to keep further proceedings pursuant to Ext. P3 in abeyance for a period of 10 days. However, I make it clear that the petitioner shall not make any further constructions in respect of the compound wall. S. Siri Jagan, Judge. Tds/