IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 28980 of 2010(V) -------------------------- PETITIONER(S): --------------- 1. MUHAMMED, S/O.IBRAHIM, AGED 45 YEARS MUNDACKAL HOUSE, IRONGOLE KARA, PERUMBAVOOR. 2. NAZER, S/O.IBRAHIM, AGED 40 YEARS MUNDACKAL HOUSE, IRONGOLE KARA, PERUMBAVOOR. BY ADV. SRI.P.ALI SRI.A.MUHAMMED HASHIM RESPONDENT(S): --------------- 1. THE SECRETARY,PERUMBAVOOR MINICIPALITY PERUMBAVOOR. 2. THE CHAIRMAN,PERUMBAVOOR MINICIPALITY PERUMBAVOOR. BY ADV. SRI.V.M.KURIAN, SC FOR PERUMBAVOOR MUNICIPALITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.28980 of 2010 ------------------------------- Dated this the 6th day of October, 2010 J U D G M E N T The petitioners, who own a parcel of land within the local limits of Perumbavoor Municipality, wherein they have put up a building, have filed this writ petition seeking the following reliefs:- i) Call for the records for not allowing the petitioners to carry out the work as per Ext.P3 permit by issuing unsustainable orders one after another while the work is being resumed pursuant to setting aside untenable orders of this Hon'ble court and the Tribunal for LSG at 9 occasions in various proceedings. ii) declare that the construction being done as per Ext.P3 permit which is granted based on the approved plan and sketch does not have any violation of the Rules. iii) declare that the 1st respondent performed his statutory functions unconstitutionally, beyond his powers and also neglecting the good orders of the Hon'ble High Court and the Tribunal for LSG. iv) issue a writ of mandamus or any writ or direction commanding the respondent not to interdict the construction issuing unsustainable orders despite all the orders in the similar nature is set aside by the Tribunal. W.P.(C) No. 28980/2010 2 v) issue a writ of mandamus directing the respondents to pay adequate compensation for the loss and injury caused to the petitioners due to the illegal interdiction by issuing unjustifiable orders repeatedly at eleven occasions. 2. It is conceded at the Bar that on 29.4.2010, the Secretary of Perumbavoor Municipality had issued a provisional order under section 406 of the Kerala Municipality Act, 1994 and that the petitioners have filed W.P.(C) No.14124 of 2010 in this Court. The said writ petition has been admitted and the order directing demolition of the building has been stayed. The question whether the building put up by the petitioners is an illegal construction or not is a matter which falls to be decided in that writ petition. The petitioners have also referred to the pendency of W.P.(C) No.14124 of 2010 in this writ petition. In such circumstances, as the validity of the order issued by the Secretary, Perumbavoor Municipality, directing demolition of the petitioners' building falls to be decided in W.P.(C) No.14124 of 2010, I am of the opinion that none of the reliefs prayed for in this writ petition can be granted. This writ petition fails and is accordingly W.P.(C) No. 28980/2010 3 dismissed without prejudice to the right of the petitioners to prosecute W.P.(C) No.14124 of 2010. P.N.RAVINDRAN, Judge. nj.