The petitioner has filed this writ petition challenging Ext.P4 proceedings of the Secretary of the 1st respondent Municipality directing him to remove a gate that has been allegedly put up by him, trespassing upon a road. It is also alleged in Ext.P4 that, a public water tap is situate within the area that has been trespassed upon by the petitioner. The petitioner has been directed to remove the gate within a period of seven days of Ext.P4.
2. Adv.Sri.S.Shanavas Khan appears for the 1st respondent.
According to the counsel, the petitioner has a statutory remedy by way of appeal provided by Section 509 of the Kerala Municipality Act, 1994 (hereinafter referred to as 'the Act' for short). Since the petitioner has not exhausted the said alternative remedy, it is contended that the writ petition is not maintainable.
3. I notice that the petitioner has a remedy by way of appeal to the Municipal Council under Section 509 of the Act. The petitioner has admittedly not exhausted the said alternative remedy. Therefore, I am not inclined to admit this writ petition.
In view of the above, this writ petition is dismissed, without prejudice to the rights of the petitioner to challenge Ext.P4 in exercise of his statutory right provided by Section 509 of the Act. In W.P.(C) No.28345 of 2014 2 order to facilitate the petitioner to prefer the statutory appeal, the operation and implementation of Ext.P4 shall be kept in abeyance for a period of two weeks.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV