IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 30335 of 2008(J) -------------------------- PETITIONER(S): --------------- KRISHNAN SURYANARAYANAN, S/O.LATE M.K.SURYANARAYAN, AGED 48 YEARS,3/35(8), DWARAKA, 6TH STREET, VENKATESWARA COLONY, AMBIKAPURAM.P.O, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD REPRESENTED BY IT'S SECRETARY. 3. THE SECRETARY, PALAKKAD MUNICIPALITY, MUNICIPAL OFFICE, PALAKKAD. 4. THE ART & HERITAGE COMMISSION, THIRUVANANTHAPURAM, REPRESENTED BY ITS MEMBER SECRETARY, THE CHIEF TOWN PLANNER, PALAYAM, THIRUVANANTHAPURAM. 5. THE CHIEF TOWN PLANER, LOCAL SELF GOVERNMENT DEPARTMENT PALAYAM, THIRUVANANTHAPURAM. 6. THE DISTRICT TOWN PLANNER, PALAKKAD. ADV. SRI.V.CHITAMBARESH (SR.) FOR R2 & 3 SRI.T.C.SURESH MENON FOR R2 & 3 SRI.JIBU P THOMAS FOR R2 & 3 SRI.P.S.APPU FOR R2 & 3 G.P. SHRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, A/W. W.P.C.NO.32917/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No. 30335 & 32917 of 2008 ================== Dated this the 11th day of December, 2008 J U D G M E N T In both these writ petitions the petitioners are challenging the stop memos issued by the Municipality directing the petitioners to stop construction being made by them in their property. According to the petitioners, the petitioners have constructed the buildings strictly in accordance with the approved plan and in fact, the super structures of the buildings are already complete. Now only the interior work is in progress and there is no reason for the Municipality to issue stop memos at this juncture, is the contention raised. 2. The Municipality disputes the contentions of the petitioners and contends that the stop memos have been issued for valid reasons. 3. After hearing both sides, I am of opinion that having issued stop memos, the Municipality has a duty to take the same to its logical conclusion by passing a final orders in accordance with law after hearing the petitioners. Accordingly, these writ petitions are disposed of directing the Palakkad Municipality to w.p.c.30335/08 & cc. 2 take a final decision on the stop memos issued to the petitioners and serve orders in this regard to the petitioners, as expeditiously as possible. In the meanwhile, the petitioners may do the interior work in the buildings. However, no additional construction shall be made. The writ petitions are disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE