IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 5890 of 2009(E) ------------------------- PETITIONER(S): --------------- THE MANAGER, ST.MARY'S BETHANY SCHOOL, KARIMPA P.O., PALAKKAD DISTRICT. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE VILLAGE OFFICER, KARIMPA VILLAGE OFFICE, KARIMPA, PALGHAT. 3. THE TAHSILDAR, TALUK OFFICE, MANNARKAD. 4. THE SECRETARY, KARIMPA GRAMA PANCHAYAT, KARIMPA P.O., PALAKKAD. GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.5890 of 2009 ================== Dated this the 2nd day of March, 2009 J U D G M E N T The petitioner challenges Ext.P17 order whereby the petitioner's application for a building permit has been again rejected on fresh consideration pursuant to the direction issued by the Tribunal for Local Self Government Institutions, in Ext.P8 order. Although the petitioner has an effective alternate remedy by way of appeal before the Tribunal against Ext.P17 order, originally I admitted this writ petition only because the petitioner submitted that the order was passed without affording an opportunity of being heard to the petitioner. However, the petitioner has not been able to show me any provision whereby the petitioner is entitled to be heard, as of right, when an application for building permit is considered. Ext.P8 order of the Tribunal also does not state that the petitioner shall be heard before passing fresh orders. Therefore, I am satisfied that the petitioner's remedy lies in filing an appeal against Ext.P17 order as provided under the Kerala Panchayat Raj Act. Without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2