IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 19^TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(C) NO. 26824 OF 2022 PETITIONER/S: SEBASTIAN M.D AGED 43 YEARS S/O DEVASSYA MUTTAPPALLIYIL, AGED 43YRS,MUTTAPPALLIYIL HOUSE, LOYAL ABANA NIDHI LTD,VEERAPPAD P.O, ARALAM,KANNUR DT, PIN - 670704 BY ADV LUKE J CHIRAYIL RESPONDENT/S:

1 IRITTY MUNCIPALITY REPRESENTED BY IT'S SECRETARY PUNNAD P.O, IRITTY, KANNUR DT:, PIN - 670703

2 THE SECRETARY IRITTY MUNCIPALITY, PUNNAD P.O,IRITTY, KANNUR DT:, PIN - 670703

3 THE DEPUTY TAHSILDAR IRITTY TALUK, IRITTY, KANNUR DT:, PIN - 670703

4 THE VILLAGE OFFICER KEEZHUR VILLAGE, IRITTY TALUK, IRITTY, KANNUR DT:, PIN - 670703 BY ADV SHRI. P.K.RAVISANKAR, SC, IRITTY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.02.2024, ALONG WITH WP(C).3960/2020, 28378/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 19^TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(C) NO. 3960 OF 2020 PETITIONER/S: SEBASTIAN M.D AGED 41 YEARS LOYAL ABANA NIDHI LTD., S/O. DEVASSYA MUTTAPPALLIYIO, MUTTAPPALLIYIL (H), VEERAPPAD P.O., ARALAM, KANNUR-670

704 BY ADV LUKE J CHIRAYIL RESPONDENT/S:

1 MUNCIPAL SECRETARY, IRITTY MUNICIPALITY OFFICE, PUNNAD P.O., KANNUR-670

703

2 ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, IRITTY MUNICIPALITY , KANNUR-670 703

3 RVENUE INSPECTOR, TALUK OFFICE, GANDHI CIRCLE, SOUTH BAZAR,KANNUR-

670003

4 THAHSILDAR, IRITTY TALUK OFFICE, 1ST FLOOR, BUS STAND ROAD, IRITTY-670 703 BY ADV SRI. P.K.RAVISANKAR, SC, IRITTY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.02.2024, ALONG WITH WP(C).26824/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 19^TH DAY OF FEBRUARY 2024 / 30TH MAGHA, 1945 WP(C) NO. 28378 OF 2022 PETITIONER/S:

MATHUKUTTY THOMAS AGED 58 YEARS S/O THOMAS, URUMBIL HOUSE, EDAPUZHA,AYYANKUNNU P.O, IRITTY TALUK,KANNUR DT., PIN - 670704 BY ADV LUKE J CHIRAYIL RESPONDENT/S:

1 IRITTY MUNCIPALITY REPRESENTED BY ITS SECRETARY PUNNAD P.O, KANNUR DT, PIN - 670703

2 THE SECRETARY IRITTY MUNCIPALITY, PUNNAD P.O, KANNUR DT, PIN -

670703 BY ADV SHRI. P.K.RAVISANKAR, SC, IRITTY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.02.2024, ALONG WITH WP(C).26824/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 19^th day of February, 2024 The present writ petitions have been filed by the petitioners under Article 226 of the Constitution of India.

2. The question whether a portion of particular building is used for commercial purposes or not is a question of fact and not a question of law, which requires any interference. This Court in exercise of its jurisdiction under Article 226 of the Constitution of India should not interfere where only pure question of fact is involved. Against the orders impugned in these writ petitions, there is a remedy of statutory appeal. The petitioner instead of resorting in the remedy of statutory appeal has approached this Court under Article 226 of the Constitution of India.

3. This Court does not find any ground to interfere with the impugned orders in exercise of its jurisdiction under Article 226 of the Constitution of India inasmuch as there is no jurisdictional error is involved in the impugned orders and orders do not appeared to be against law on the face of the record.

In view thereof, these writ petitions are dismissed with liberty to the petitioner to approach the statutory appellate authority against the impugned orders, if he is so advised. If the petitioner files the appeals within a period of fifteen days from today before the appellate authority, the appellate authority shall consider the appeal in accordance with the law, without going into the question of limi