Judgment:
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY,THE 2ND DAY OF JULY 2013 11TH ASHADHA, 1935 WP(C).No. 16516 of 2013 (L) ---------------------------- PETITIONER: ------------------ SUJITH.K.R AGED 3 YEARS S/O.LATE K.R.RAVUNNI, KUNNEKKATTUKARA HOUSE, P.O.POTTA POTTAVILLAGE, CHALAKKUDY THRISSUR DISTRICT. PIN-680 307. BY ADVS.SRI.K.A.SHAMSUDEEN SRI.K.J.MOHAMMED ANZAR RESPONDENTS: ---------------------- 1. THE CHALAKUDY MUNICIPALITY REP. BY ITS SECRETARY,MUNICIPAL OFFICE, CHALAKUDY PIN-680 307.
2. THE SECRETARY CHALAKUDY MUNICIPALITY, MUNICIPAL OFFICE, CHALAKUDY PIN-680 307. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16516 of 2013 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE PROVISIONAL ORDER NO.E2-7135/11 DATED 10 5.2012 ISSUED BY THE 2ND RESPONDENT. P2- TRUE COPY OF THE SHOW CASE NOTICE NO.E2-7135/11 DATED 10 5.2012 ISSUED BY THE 2ND RESPONDENT. P3- TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 26 5.2012 ISSUED BY THE 2ND RESPONDENT. P4- TRUE COPY OF THE NOTICE NO.E.2-7135/11 DATED 26 5.2012 ISSUED BY THE 2ND RESPONDENT. P5- TRUE COPYOF THE ORDER NO.E2-7135/11 DATED 1 6.2012 ISSUED BY THE IST RESPONDENT. P6- TRUE COPY OF THE JUDGMENT DATED 13 6.2012 IN W.P[C]NO.13719/2012 OF THIS COURT. P7- TRUE COPY OF THE ORDER DATED 30 10.2012 IN APPEAL NO.541/2012 OF THE TRIBUNAL LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. P8- TRUE COPY OF THE NOTICE NO.E2 7135/11 DATED 17 6.2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE dsn K.SURENDRA MOHAN, J.
-------------------------------------------------- W.P.(C)No.16516 Of 2013 -------------------------------------------------- DATED THIS THE 2nd DAY OF JULY, 2013 JUDGMENT This Writ Petition is filed by the petitioner challenging Exhibit P8 order of the 2nd respondent rejecting an application for regularisation of construction submitted by the petitioner. I notice that the petitioner has a statutory remedy by way of filing an appeal under Rule 160 of the Kerala Municipality Building Rules, 1999. In view of the above, this Writ Petition is dismissed, without prejudice to the rights of the petitioner to challenge Exhibit P8, invoking his statutory appellate remedy. All further action based on or pursuant to Exhibit P8 shall be kept in abeyance, until the statutory period for filing an appeal available to the petitioner expires. Sd/-(K.SURENDRA MOHAN) JUDGE. dsn