IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 5335 of 2008(I) ------------------------- PETITIONER: ------------ S.SHIHAB, SHIHAB MANZIL, CURZON ROAD, CUTCHERRY WARD, KOLLAM WEST VILLAGE, KOLLAM. BY ADV. SRI.V.K.BEERAN (SR.) SRI.V.P.REGHURAJ RESPONDENTS: ------------- 1. THE KOLLAM MUNICIPAL CORPORATION, KOLLAM REP. BY ITS SECRETARY. 2. THE TOWN PLANNING OFFICER, MUNICIPAL CORPORATION, KOLLAM. 3. THE STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, GOVERNMENT OF KERALA, TRIVANDRUM. BY ADV.SRI.M.K.CHANDRAMOHANDAS, SC, CORP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 5335 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 JUDGMENT I have heard the submissions of Sri.V.K.Beeran, learned senior counsel for the petitioner, on the various grounds raised in the writ petition. I have perused the various materials produced. I have also heard the submissions of Sri.M.K.Chandramohan Das, learned standing counsel for the Corporation. I find considerable merit in the grounds raised in the writ petition. At the same time, the existence of statutory remedy of appeal before the Tribunal cannot be overlooked. Under these circumstances, I dispose of the writ petition directing the petitioner to prefer an appeal against Ext.P10 before the Tribunal for Local Self Government Institutions. If the Tribunal receives appeal from the petitioner against Ext.P10 within 20 days from today, the Tribunal will entertain the appeal and dispose of the same in accordance with law. In the meanwhile, considering the merit noticed in the ground, the petitioner is permitted to continue with the construction at his risk and subject to the outcome of the prospective appeal before the Tribunal. (PIUS.C.KURIAKOSE, JUDGE) sv.