IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 8TH JANUARY 2007 / 18TH PAUSHA 1928 WP(C).No. 27771 of 2006(F) -------------------------- PETITIONER: ------------- C.K. AZEEZ, AGED 32 YEARS, S/O. C.E. KASIM, BUSINESS, CHUDUKATTIL HOUSE, ELANTHESHAM P.O., THODUPUZHA. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: ---------------- 1. THODUPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, THODUPUZHA. ADDL. 2. NOOR MUHAMMED NOORISHA, KANIYATH HOUSE, PALARIVATTOM P.O., EDAPPALLY, KOCHI. (ADDL. 2ND RESPONDENT IMPLEADED AS PER ORDER DT.8.11.06 IN IA NO.15250/06) R2 BY ADV. SRI.P.K.SOYUZ,THODUPUZHA MUNICIPALITY SRI.K.SRIKUMAR SRI.C.N.SREEKUMAR SRI.K.MANOJ CHANDRAN SRI.P.R.AJITH KUMAR SRI.K.PRABHAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- W.P.(C) No. 27771 OF 2006 ----------------------------------- Dated this the 8th day of January, 2007 JUDGMENT Even though an interim order was passed on 20.12.06 that the respondents will file counter affidavit, if any, by 08.01.07, today also the additional 2nd respondent prays for time to file counter affidavit. Counsel for the Municipality brings to my notice that Ext.P3 order is appealable. I relegate the petitioner to remedy by way of appeal and dispose of the Writ Petition accordingly. However, the interim order dt.20.12.06 will continue to operate for a period of one more month from today. The Tribunal will entertain the appeal as one filed on time if the appeal is filed by the petitioner within 10 days of his receiving copy of this judgment. PIUS C. KURIAKOSE, JUDGE btt WPC 2