P C JOHN Vs. KOTTAYAM MUNICIPALITY

JUDGEMENT

(1.) THE petitioner is the owner in possession of 10.065 cents of property comprised in Sy.Nos.54/1, 54/2 and 54 of Muttambalam Village. Alleging illegal and unauthorised construction of a retention wall, the second respondent issued Ext.P2 stop memo requiring the petitioner to stop construction and also to demolish the construction so far effected. It is stated thereunder that the petitioner had violated Rule 96 of the Kerala Municipality Building Rules. In fact, Ext.P2 is a stop memo-cum provisional order. On receipt of the same, the petitioner has submitted Ext.P4 before the second respondent. Later Ext.P2 order was confirmed as per Ext.P5. Evidently, Ext.P5 is an order passed under Section 406 of the Kerala Municipality Act (for short 'the Act') against which an appeal will lie under Section 509 of the Act. Ext.P5 carries a direction to the petitioner to demolish the retention wall besides carrying the threat of demolition in case of his failure to carry out the instruction. It is in the said circumstances that this Writ Petition has been filed.

(2.) THE learned standing counsel appearing for respondents 1 and 2 submitted that in case the petitioner is aggrieved by Ext.P5, it would be open to the petitioner either to file an appeal against the same before the Tribunal for Local Self Government Institutions or file an application for regulation under proviso to Section 406 (2) of the Act before the second respondent. In view of the existence of an alternative efficacious remedy, this Writ Petition is not liable to be entertained, it is submitted.