IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6390 of 2009(P) ------------------------- PETITIONER(S): --------------- RAPHEL, S/O. LONAN, MOOSARI PARAMBU, V.P. SASI ROAD, KONAM, PALLURUTHI. BY ADV. SRI.JUBYRAJ.A.P SRI.VARGHESE K.PAUL SRI.P.P.SUDHEER (ALUVA) RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN, REP. BY ITS SECRETARY,CORPORATION OFFICE, KOCHI. 2. ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF COCHIN, SOUTHERN REGIONAL OFFICE, PALLURUTHY, KOCHI -6. ADV.RAMESH BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.6390 of 2009 ================== Dated this the 27th day of February, 2009 J U D G M E N T The petitioner obtained a permit for construction of a building. Alleging construction of an unauthorised latrine, the 2nd respondent has issued Ext.P2 provisional order under Section 406(1) of the Kerala Municipality Act. The petitioner is challenging Ext.P2. I am not inclined to entertain the challenge against Ext.P2 in so far as Ext.P2 is only a provisional order and after the petitioner submitting objections to the same, the Corporation has to pass final orders. The petitioner has not filed any objection so far. Instead of that what the petitioner has done is to submit a fresh plan, Ext.P3. 2. In the above circumstances, after hearing the counsel for the respondents also, I dispose of this writ petition with the following directions: The petitioner submits that the petitioner has filed objections to Ext.P2 yesterday. If that be so, the 2nd respondent shall consider the same and pass final orders pursuant to Ext.P2, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. While doing so, the 2nd respondent shall consider whether the revised plan, Ext.P3, submitted by the petitioner can be accepted for the purpose regularising the construction. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2