IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 20992 of 2010(Y) -------------------------------- PETITIONERS: ---------------- 1. ANITHA PATWARI, W/O.SURYAKANTH PATWARI AGED 36 YEARS, GULAB VATIKA, S.R.M.ROAD, PACHALAM P.O.,ERNAKULAM VILLAGE, KOCHI-12. 2. GULAB DEVI JAIN,W/O.S.L.JAIN, AGED 62 YEARS,GULAB VATIKA, S.R.M.ROAD, PACHALAM P.O.,ERNAKULAM VILLAGE, KOCHI-12. BY MR.T.V.GEORGE, ADVOCATE. MR.JIMMY GEORGE (THADATHIL), ADVOCATE. RESPONDENTS: ------------------ 1. CORPORATION OF COCHIN, REP.BY ITS SECRETARY, CORPORATION OFFICE, ERNAKULAM. 2. ADDITIONL SECRETARY,COCHIN CORPORTION OFFICE, COCHIN. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY OF LOCAL SELF GOVERNMENT TO SECRETARIAT, TRIVANDRUM. BY MR.S. RAMESH BABU, SC FOR R1 & R2. MS.K.R. DEEPA, GOVERNMENT PLEADER FOR R3. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20992 OF 2010 --------------------------------------- Dated this the 7th day of July, 2010. J U D G M E N T The petitioners are in possession of 4.33 cents of land in survey No.34/16 in Ernakulam village which they have purchased after settling themselves in Ernakulam. They originally belong to the State of Rajasthan. Copy of the sale deed has been produced as Exhibit P1. 2. The dispute raised herein is with regard to the notice issued by the Corporation to demolish a portion of the building that was constructed. It appears that immediately on receipt of the notice, they gave a reply as per Exhibit P6 in Malayalam with the assistance of a neighbour. According to the petitioners, it does not reflect the true intention of the parties. It is pointed out that the violations are not at all a serious ones requiring demolition and accordingly, they have requested for regularising the construction as per Exhibit P7. It is pointed that the respondents are having power to regularize the same in the light W.P.(C) No.20992/2010 2 of the proviso to Section 406(1)(iii) of the Kerala Municipalities Act. Heard the learned Standing Counsel for the Corporation. There will be a direction to the 1st respondent to take a decision on Exhibit P7 within a period of two months, after conducting due enquiries and after issuing notice to the petitioners. Till orders are passed on the said application, further action pursuant to Exhibit P5 order dated 25.05.2010 directing demolition of a portion of the building will be kept in abeyance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp