IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 393 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22360/2008 Dated 18/11/2008 .................... APPELLANT(S): PETITIONER: --------------------------------------------- MOHAMMEDKUTTY, S/O MAMMED, AGED 52 YEARS, MACHINGAL HOUSE, KOOTILANGADI, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. MR.K.M.SATHIANATHA MENON RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. MANJERI MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MANJERI MUNICIPALITY OFFICE MALAPPURAM DISTRICT. 2. THE DISTRICT COLLECTOR, MALAPPURAM MALAPPURAM DISTRICT. 3. THE SECRETARY TO GOVERNMENT, TOWN PLANNING, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. 5. THE TOWN PLANNING OFFICER, MALAPPURAM, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SMT. K. MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy,Ag.C.J. & M.C.Hari Rani, J. ---------------------------------------- W.A. No. 393 of 2009 ---------------------------------------- Dated this the 2nd day of March, 2009 Judgment Koshy, Ag.C.J. Appellant/Petitioner approached this court to quash Ext.P5 order passed by the Secretary of Manjery Municipality. The learned Judge did not interfere in the order as there is efficacious alternate remedy by filing an appeal as provided under the Kerala Municipalities Act. When the learned single Judge directed the petitioner to take statutory remedy, this court cannot set aside the same in an intra court appeal. It is submitted by the learned counsel for the appellant that in the judgments produced as Annexures to the writ appeal, this court has considered the matter and taken a beneficial view in favour of the petitioner. Petitioner can produce the same before the appellate authority and the appellate authority has to consider those decisions also. Since the writ petition was pending here, we direct that if appeal is filed within three weeks from today, the appeal should be entertained on merits without looking into the question of time bar and the appeal should be disposed of within one month from the date of filing the appeal W.A. No.393/2009 2 with a copy of this judgment. Orders should be passed with notice to the petitioner also. The writ appeal is disposed of accordingly. J.B.Koshy Acting Chief Justice M.C. Hari Rani Judge vaa