IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25191 of 2009(T) -------------------------- PETITIONER(S): --------------- 1. OLIVE BUILDERS, OLIVE HOUSE, 50/932A, CHANGAMPUZHA PARK, EDAPALLY, KOCHI-25, REP.BY THE POWER OF ATTORNEY HOLDER AND AUTHORISED SIGNATORY A.O.THOMAS, AGED 46, S/O.A.T.OUSEPH, ADATHIL HOUSE, THIRUVANIYOOR.P.O. 2. P.V.MATHAI, S/O.P.U.VARGHESE, PARTNER, OLIVE BUILDERS, OLIVE HOUSE, 50/932A, CHANGAMPUZHA PARK, EDAPALLY, KOCHI-25, REP.BY THE POWER OF ATTORNEY HOLDER A.O.THOMAS, AGED 46, S/O.A.T.OUSEPH, ADATHIL HOUSE, THIRUVANIYOOR.P.O. 3. SARAKUTTY MATHAI, W/O.P.V.MATHAI, PARTNER, OLIVE BUILDERS, OLIVE HOUSE, 50/932A, CHANGAMPUZHA PARK, EDAPALLY, KOCHI-25, REP.BY THE POWER OF ATTORNEY HOLDER A.O.THOMAS, AGED 46, S/O.A.T.OUSEPH, ADATHIL HOUSE, THIRUVANIYOOR.P.O. BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENT(S): --------------- 1. CORPORATION OF KOCHI, REP.BY ITS SECRETARY, CORPORATION BUILDINGS, NEAR BOAT JETTY, ERNAKULAM. 2. THE SECRETARY, CORPORATION OF KOCHI, CORPORATION BUILDINGS, NEAR BOAT JETTY, ERNAKULAM. 3. ERNAKULAM TIRUMALA DEVASWOM, PUNJABJAPURAM, T.D.ROAD, ERNAKULAM, KOCHI-35, REP.BY ITS SECRETARY, ERNAKULAM TIRUMALA DEVASWOM, PUNJABJAPURAM, T.D.ROAD, ERNAKULAM, KOCHI-35. BY SC C M SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 25191 OF 2009 ............................................ DATED THIS THE 28TH DAY OF AUGUST, 2009 JUDGMENT Notice to third respondent dispensed with, preserving its right to move for rehearing, if aggrieved by this judgment. Standing counsel appears for first and second respondents. 2. The petitioners are builders. The first petitioner is a firm. It states that it has completed a construction in terms of a building permit issued by the first respondent, Corporation. Its complaint is that the third respondent, a Devaswom, has filed a complaint, Ext.P11, before the Corporation authorities and this stands in the way of the building being numbered and occupancy certificate being issued. According to the petitioners, it is their commercial need to give off the flats to the purchasers before Onam. They accordingly want this court to look into Ext.P11 complaint of the third respondent to conclude as to whether it makes out a definite case or complaint regarding the construction. According to the petitioner, Ext.P11 does not contain any definite case. wpc 25191 of 2009 2 3. Writ court, within all its probable, stretched and pulled jurisdiction under Article 226 has not loosened up itself to adjudicate on such matters and to conclude whether a complaint before a municipal authority is liable to be interfered with in any manner as contended by the petitioner. The quality of the visitorial jurisdiction does not advise me to exercise it and sit in judgment over the correctness or otherwise of the allegations contained in Ext.P11. 4. The petitioners can only aspire to have the questions resolved by the competent authority among the respondents 1 and 2. Accordingly, without entering on merits, this writ petition is ordered directing that the competent among the respondents 1 and 2 will decide on Ext.P11, after hearing the necessary parties and looking into the relevant materials and considering the plea of the petitioner in accordance with law. It will consider the request for issuing occupancy certificate. Taking into consideration, the commercial interest of the petitioners, respondents 1 and 2 will ensure that the decision making process in the aforesaid regard is expedited and final decision taken within a period of 45 days from the date of receipt of a copy of wpc 25191 of 2009 3 this judgment and of service of notice of the proceedings before the Corporation on the petitioners and third respondent. Writ petition ordered accordingly, leaving open all contentions on merits. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/31/8