IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 22360 of 2008(J) -------------------------- PETITIONER(S): --------------- MOHAMMEDKUTTY S/O. MAMMED, AGED 52 YEARS, MACHINGAL HOUSE KOOTILANGADI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. MANJERI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MANJERI MUNICIPALITY OFFICE MALAPPURAM DISTRICT 2. THE DISTRICT COLLECTOR MALAPPURAM, MALAPPURAM DISTRICT 3. THE SECRETARY TO GOVERNMENT TOWN PLANNING, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 4. THE CHIEF TOWN PLANNER THIRUVANANTHAPURAM 5. THE TOWN PLANNING OFFICER MALAPPURAM, MALAPPURAM DISTRICT GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 22360/08. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF REGISTERED SALE DEED. EXT.P2 TRUE COPY OF THE SAID REGISTERED SALE DEED. EXT.P3 BASIC TAX RECEIPT DT. 20-2-2008. EXT.P4 POSSESSION CERTIFICATE DT. 20-2-2008. EXT.P5 REPLY DT. 13-6-2008. EXT.P6 GAZETTE NOTIFICATION DT. 1-11-1983. EXT.P7 GOVT. ORDER DT. 19-6-1990. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 22360 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th November, 2008. J U D G M E N T When the writ petition came up on 3-10-2008, counsel for the petitioner was appraised of the fact that the petitioner has a right of appeal against the impugned order. Counsel for the petitioner sought time. Again on 16-10-2008, counsel for the petitioner sought time. The situation has not changed even now. Counsel for the petitioner has not been able to satisfy me as to why I should consider the writ petition when a right of appeal is provided under the Kerala Municipality Act. In the above circumstances, the writ petition is dismissed without prejudice to the right of the petitioner to file an appeal against the impugned order as provided in the Kerala Municipality Act. Sd/- S. Siri Jagan, Judge. Tds/