IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 WP(C).No. 34588 of 2009(P) -------------------------- PETITIONER: --------------- SECRETARY, PENTA TOWER OWNERS WELFARE ASSOCIATION, KALOOR, KOCHI. BY ADV. MR. P.V.SREENIVASAN RESPONDENTS: --------------- 1. SECRETARY, COCHIN MUNICIPAL CORPORATION, KOCHI. 2. AJAY PONMANI, RITES CHOICE SUPER MARKET, PENTA TOWER, KALOOR, KOCHI. ADV. MR. GEORGE THOMAS (MEVADA) FOR R2 MR. PMM.NAJEEB KHAN FOR R2 MR. S. RAMESH BABU FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.34588 of 2009 (P) --------------------------------- Dated, this the 22nd day of January, 2010 J U D G M E N T Heard the learned counsel for the petitioner, the learned standing counsel appearing for the respondent Corporation and Shri.George Thomas Mavada, the learned senior counsel appearing for the 2nd respondent. 2. According to the petitioner, certain illegal constructions are made by the 2nd respondent. 3. Irrespective of the correctness of what the petitioner says, the learned standing counsel for the respondent Corporation now informs that they have considered the issue and have passed an order on 16/01/2010, and issued notice to the 2nd respondent requiring demolishion of the alleged unauthorised construction. 4. Now that the Corporation themselves have taken a decision as above, the petitioner can have no grievance on the alleged inaction on the part of the Corporation. In view of the decision now taken, it is up to the 2nd respondent to work out his WP(C) No.34588/2009 -2- remedies against the decision so taken by the Corporation and communicated to him. It is made clear that this Court has not gone into the correctness of the allegations levelled by the petitioner or the correctness of the allegation now levelled by the Corporation against the 2nd respondent. This writ petition is accordingly closed. (ANTONY DOMINIC, JUDGE) jg