AI Structured Summary
Not yet generated for this judgment
Judgment
Bechu Kurian Thomas, J.
Petitioner challenges an order dated 07.09.2023, issued by the Secretary, Shoranur Municipality under Section 406 of the Kerala Municipalities Act, 1994. Petitioner has a remedy in the form of an appeal under Section 509 of the Kerala Municipalities Act, 1994. Therefore, instead of preferring a writ petition under Article 226 of the Constitution of India, petitioner ought to be relegated to the remedy of an appeal.
Sri. K. Ravi, the learned counsel for the petitioner, however submitted that, petitioner apprehends an immediate coercive action pursuant to Ext.P5 even before the limitation period for filing the appeal is over.
Having heard the learned counsel for the petitioner as well as the learned Standing Counsel, I am of the view that, this writ petition can be disposed of directing the petitioner to prefer an appeal under Section 509 of the Kerala Municipalities Act, 1994. Ordered accordingly. The coercive proceedings pursuant to Ext.P2 shall be kept in abeyance for a period of 15 days from today to enable the petitioner to file the appeal
Writ petition is disposed of.