IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3978 of 2009(W) ------------------------- PETITIONER: --------------- ANNIE, POULOSE, AGED 48 YEARS, W/O. POULOSE, CHERUMALATHIL HOUSE, PULIYANAM P.O., ANGAMALY,ERNAKULAM DIST. BY ADV. MR.E.C.POULOSE MS.BOBBY RAPHEAL.C RESPONDENTS: --------------- 1. ANGAMALY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ANGAMALY, ERNAKULAM DISTRICT. 2. THE SECRETARY, ANGAMALY MUNICIPALITY, ANGAMALY, ERNAKULAM DISTRICT. 3. LUCY JOY, KOORAN KOTHANGADI HOUSE, ANGADIKADAVU, ANGAMALY P.O., ERNAKULAM DISTRICT. 4. CHERIYA JOHNSON, NELKARA NJAMBALAMBARA, PULIYANAM, ANGAMALY, ERNAKULAM DIST. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3978 OF 2009 ---------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT The petitioner challenges Ext.P4 final order passed by the 1st respondent – Municipality under Section 406(3) of the Kerala Municipality Act directing the petitioner to demolish a building, which according to the Municipality has been constructed unauthorisedly. 2. I am not inclined to entertain this writ petition, since the petitioner has an effective alternate remedy by way of appeal against Ext.P4 order. In the above circumstances, this writ petition is dismissed without prejudice to the right of the petitioner to challenge Ext.P4 order in a properly constituted appeal as provided under the Kerala Municipality Act. However, taking into account the fact that the petitioner is a handicapped lady, I direct that to enable the petitioner to file the appeal and obtain interim orders, further proceedings pursuant to Ext.P4 shall be kept in abeyance for a period of one month. S. SIRI JAGAN, JUDGE Acd 2