IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 WP(C).No. 4735 of 2008(L) ------------------------- PETITIONERS: --------------- 1. CAPT. K.C.THOMAS, S/O.K.T.CHACKO AGEED 60 YEARS, KATTAMPILLY HOUSE, RESIDING AT 5-C, AMEYA - GOKULAM, SOUTH JANATHA ROAD PALARIVATTOM, KOCHI - 682 025. 2. ALAN PAPALI, S/O.LATE PERCY PAPALI ADVOCATE, RESIDING AT 4-A, AMEYA-GOKULAM SOUTH JANATHA ROAD, PALARIVATTOM, KOCHI-682 025. BY ADV. SRI.JIJO PAUL SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH SRI.K.RAKESH RESPONDENTS: ----------------- 1. THE CORPORATION OF COCHIN-REPRESENTED BY THE SECRETARY, COCHIN CORPORATION OFFICE ERNAKULAM. 2. THE ASSISTANT EXECUTIVE ENGINEER COCHIN CORPORATION ZONAL OFFICE, EDAPALLY. 3. GOKULAM ENGINEERS INDIA PVT.LTD. REP. BY MANAGING DIRECTOR, ANJAM APARTMENTS 40/871, CHITTOOR ROAD, COCHIN-11. 4. TOWN PLANNING OFFICER, ZONAL OFFICE EDAPALLY, CORPORATION OF COCHIN, KOCHI. BY ADV. SRI.SREELAL N.WARRIER FOR R3 SRI.SIVARAM FOR R3 SRI.THYPARAMBIL THOMAS THOMAS FOR R3 SRI.S.RAMESH BABU, SC FOR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2008, ALONG WITH WPC NO. 5466 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NOs. 4735 & 5466 OF 2008 ====================== Dated this the 24th day of July, 2008 J U D G M E N T In WP(C) No.4735/08, the prayer is to quash Ext.P5 or to issue a direction to the respondents not to take any action pursuant to Ext.P5 until Ext.P6 appeal is disposed of. Ext.P5 is an order passed by the Assistant Executive Engineer of the Cochin Corporation, requiring the petitioner to stop further works in regard to the construction of a compound wall. It is against that order Ext.P6 appeal has been filed. 2. In WP(C) No.5466/08, which has been filed by the South Janatha Road Residents' Association, the prayer made is to quash condition No.2 of Ext.P10 and to require the Corporation to enforce condition No.1 of Ext.P10 and implement Ext.P10. Along with the counter affidavit that is filed, the respondent herein, the petitioner in WP(C) No.4735/08, has produced Ext.R2(a), an appeal filed by them against Ext.P10, the implementation of which is sought in this writ petition. 3. Taking note of the pendency of the aforesaid two appeals, this court by order dated 19/3/2008 directed the Corporation to pass orders on the appeals and it is now admitted by both parties that appellate orders WPC 4735 & 5466/08 :2 : have been passed and have been served on the petitioner in WP(C) No.4735/2008. Since the statutory remedies before the Tribunal for Local Self Government Institutions are still open to the petitioner, I do not think it proper to direct the implementation of Ext.P10 sought for by the petitioner in WP(C) No.5466/08 at this stage. 4. Counsel for the petitioner in WP(C) NO.4735/08 submits that he intends to immediately move an appeal before the Tribunal. Therefore in order to enable him to move the statutory authority and to obtain appropriate interlocutory orders safeguarding their interest, I direct that the orders referred to above shall not be implemented for a period of one month from today. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp