IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 275 of 2009(G) ----------------------------------- PETITIONER: ----------------- ETTUVEETTIL SUBAIR, S/O. MARAKKAR, PADANNA PARAMBIL, VALAYANAD, POKKUNNU.P.O, KOZHIKODE. BY ADV. SRI.SIBY MATHEW SMT.P.K.NOORBEENA RASHEED RESPONDENT(S): ------------------------ 1. CORPORATION OF CALICUT, REPRESENTED BY ITS SECRETARY. 2. THE MUNICIPAL COUNCIL, CALICUT CORPORATION, CALICUT, REPRESENTED BY ITS MUNICIPAL SECRETARY. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ----------------------- W.P.(C) NO. 275 OF 2009 (G) -------------------------------- Dated this the 6th day of January, 2009 J U D G M E N T The petitioner challenges Exhibits P3 and P4 orders. Exhibit P3 is a provisional order issued by the first respondent Corporation whereby the petitioner has been informed that certain constructions made by the petitioner is unauthorised as being violative of the Kerala Municipality Building Rules. Exhibit P4 is an order whereby the petitioner's application for a building permit has been rejected. As far as Exhibit P3 is concerned, it is a provisional order and the first respondent Corporation is bound to pass final orders pursuant to the same after hearing the petitioner. As far as Exhibit P4 is concerned, the petitioner has an effective alternate remedy by way of appeal before the Tribunal for Local Self Government Institutions. W.P.(C) No.275/2009 - 2 - In the above circumstances, I dispose of this writ petition with the following directions:- (i) Against Exhibit P3, the petitioner shall file his objections within a period of one week. (ii) The Municipality shall pass final order pursuant to Exhibit P3, after considering the objection of the petitioner and after affording an opportunity of being heard to the petitioner. (iii) In respect of Exhibit P4, petitioner would be free to file an appeal, if so advised. Sd/- S. SIRI JAGAN, JUDGE skr // True copy // P.A. to Judge.