IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9049 of 2010(E) ------------------------- PETITIONER(S): ------------------------ C.JAFFER, F.R.MANZIL, MANALI ROAD, KALMANDAPA, PALAKKAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVT. DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. PALAKKAD MUNICIPALITY, REP. BY ITS SECRETARY, PALAKKAD. GOVT.PLEADER SRI.K.R.DEEPA SRI.T.C.SURESH MENON, SC FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9049 OF 2010 (E) -------------------------------------------------- Dated this the 18th day of March, 2010 J U D G M E N T Heard the counsel for the petitioner and the Standing Counsel for the 2nd respondent. 2. Challenge in this writ petition is against Ext.P10. This is an order passed by the 2nd respondent exercising its powers under Section 406(3) of the Municipality Act. Under Section 509 of the Municipality Act, an appeal will lie to the Tribunal. Therefore this court will not be justified in entertaining this writ petition by- passing the statutory remedy. Accordingly, the writ petition is disposed of leaving it open to the petitioner to file an appeal against Ext.P10. In order to enable the petitioner to move the Tribunal and obtain appropriate interlocutory order in the matter, it is directed that further proceedings pursuant to Ext.P10 shall be kept be abeyance for a period of 4 weeks and in the meantime petitioner shall file appeal before the Tribunal, if so advised. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :