IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3104 of 2008(T) ------------------------- PETITIONER: ------------ KATTUMURACKAL MUSLIM JAMA-ATH, MUDAPURAM P.O., CHIRAYINKEEZHU, THIRUVANANTHAPURAM, REPRESENTED BY POWER OF ATTORNEY HOLDER SHRI. MOHAMMAD SAHEER,S/O P.A.MUHAMMAD ALI, AGED 34, M.A.BUILDING, VALIYAKADU, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.PATHIRIPALLY S.KRISHNAKUMARI SRI.SABU S.KALLARAMOOLA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT INSTITUTIONS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIRAYINKEEZHU GRAMA PANCHAYATH, CHIRAYINKEEZHU, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY(SPECIAL GRADE), CHIRAYINKEEZHU GRAMA PANCHAYATH, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. 4. M.A.HAMZA,S/O ABOOBACKER, SOUPARNIKA GARDENS, NETAJI LANE, VATTIYOORKAVU, THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER MR.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.3104 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 25th January, 2008 JUDGMENT Ext.P9 order has been passed by the Panchayat pursuant to the directions which had been given by the Tribunal for Local Self Government Institutions in its order Ext.P4. Even though Ext.P9 has been assailed in this Writ Petition on various grounds, since factual disputes are coming up for determination, I am of the view that the petitioner has to avail his statutory appellate remedies before the Tribunal on Ext.P9. I dispose of the Writ Petition relegating the petitioner to the statutory appellate remedies before the Tribunal for Local Self Government Institutions. Considering the very short time frame given in the order of the Panchayat for implementing its order, there will be a direction to the Panchayat not to enforce its order directing demolition of the building for a period of one month. The petitioner is permitted to urge all available grounds in the prospective appeal which will be filed by him against Ext.P9. The Tribunal shall not be influenced by its earlier decision while considering the prospective appeal. The petitioner can appeal also against Ext.P10 by which the petitioner's application for regularisation has been rejected. The Writ Petition is disposed of as above. srd PIUS C.KURIAKOSE, JUDGE W.P.C.No. - 2 -