IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 13986 of 2001(M) ----------------------- PETITIONER: ------------------ S.KRISHNA PRABHU, S/O.SREENIVASA PRABHU, RESIDING AT C.C.VIII/1825, TOWN HALL ROAD, MATTANCHERRY VILLAGE, COCHI TALUK. BY ADV. SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI SRI.T.H.ABDUL AZEEZ RESPONDENTS: ---------------------- 1) CORPORATION OF COCHIN, REP: BY ITS SECRETARY, CORPORATION OFFICE, PARK AVENUE, ERNAKULAM. 2) ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF COCHIN, ZONAL OFFICE, FORT KOCHI. 3) BUILDING INSPECTOR, CORPORATION OF COCHIN, ZONAL OFFICE, KOCHI. ADDL.4) SARASWATHY, W/O.NARAYANA PAI, THAVATHYOARAMBU, MATTANCHERRY, KOCHI. ADDL.5) N.GOPALAKRISHNAN, S/O.R.NARAYANA PAI, RESIDING AT 8/1824, KOOVAPPADAM, KOCHI. (Addl.4 and 5 impleaded as per order in CMP.No.29686/2001 dated 27.6.2001) BY ADV. SRI.V.M.KURIAN(JR.), SC,KOCHI CORPORATION Addl.4 & 5 BY SRI.T.H.ABDUL AZEEZ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.No.22261 of 2001 IN OP.NO.13986 OF 2001-M. DISMISSED. 18.1.2008. Sd/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS:- P1: Copy of the building permit issued by the 3rd respondent dtd.5.1.2001. P2: Copy of the provisional order dtd.24.3.2001 issued by the 2nd respondent. P3: Copy of the Stop Memo issued to the petitioner by the 2nd respondent dtd.24.3.2001. P4: Copy of the explanation submitted by the petitioner dtd.28.3.2001. P5: Copy of the letter issued to the petitioner by the first respondent dated 29.3.2001. P6: Copy of the notice dated 16.4.2001 issued to the 2nd respondent. RESPONDENTS' EXHIBITS:- Nil. ( true copy ) P.A. TO JUDGE. kvs/- T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = O.P.No.13986 OF 2001-M. = = = = = = = = = = = = = = = Dated this the 18th day of January, 2008. J U D G M E N T This writ petition is filed challenging Exts.P2 and P3 whereby a provisional order under Section 406(1) of the Kerala Municipalities Act was served on the petitioner and a notice was issued to him to stop the work forthwith. He filed Ext.P4 objection. It appears that a final order was later passed wherein the provisional order was confirmed by the Secretary of the Corporation under Section 406(3) of the Act. The petitioner challenged the above final order in OP.No.17901/2001. The said writ petition was disposed of by judgment dated 30.6.2006. Since the challenge against the final order has already resulted in finality as per the above judgment, the challenge against the provisional order need not be gone into in this writ petition. Accordingly this writ petition is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/