IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 W.P.(C).No. 18747 of 2008(F) ----------------------------------- PETITIONER: -------------- M.A.ABOOBACKER MOLATH HOUSE, ERUMAKULAM ROAD, PALACHUVADU KAKKANADU, ERNAKULAM BY ADV. SRI.UNNIKRISHNAN.V. ALAPATT RESPONDENTS: ----------------- 1. THE SECRETARY, THRIKKAKKARA GRAMA PANCHAYAT. 2. M/S. MIR REALATORS (P) LTD, IST FLOOR, N.M.BUILDING, KALABHAVAN ROAD, ERNAKULAM, REP. BY ITS MANAGING DIRECTOR, K. ARUNKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 18747 OF 2008 - F = = = = = = = = = = = = = = = Dated this the 24th June 2008 J U D G M E N T Petitioner seeks a declaration that the construction of the flat complex by the 2nd respondent is violative of the Kerala Municipality Building Rules, 1999 and a direction to the 1st respondent to stop the construction is also sought for. 2. From the averments in this writ petition, it would appear that the grievance of the petitioner is that apart from violation of the Municipality Building Rules, there is violation of the terms of Ext. P1 circular regulating constructions. It is stated that though the 2nd respondent has undertaken separate projects, construction is undertaken on the strength of single permit. It is stated that despite representations made, the respondents have not acted on such complaints and therefore the writ petition has been filed. 2. Essentially the dispute boils down to the grant of building permit which according to the petitioner is against the provisions of W.P.(C) No.18747 OF 2008 -2- the Municipality Building Rules. If that be his grievance, statute provides for its remedy. Therefore, without prejudice to the right of the petitioner to pursue the statutory remedies that are available I dismiss this writ petition. ANTONY DOMINIC JUDGE jan/-