IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 8880 of 2010(H) ------------------------- PETITIONER(S): --------------- SAFIA BEEVI,A.R.MANZIL,CANTONMENT NORTH KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE SECRETARY, KOLLAM CORPORATION, KOLLAM. 2. THE CORPORATION OF KOLLAM, REPRESENTED BY ITS SECRETARY. MR.M.K.CHANDRAMOHAN DAS, SC FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8880 of 2010 (H) --------------------------------- Dated, this the 23rd day of March, 2010 J U D G M E N T Heard counsel for the Corporation also. 2. The petitioner challenges Ext.P3 notice issued by the Corporation requiring the petitioner to demolish the construction mentioned therein in the manner as indicated. 3. As is evident from Ext.P3 itself, the said notice was issued on account of the fact that in Ext.P1, the petitioner was asked to rectify the defects and then to seek regularization. Therefore, having regard to the directions in Ext.P1order of the Tribunal, which have not been complied with, steps taken by the Secretary as per Ext.P3 cannot be faulted. Be that as it may, the petitioner now submits that she has filed an application before the 1st respondent Corporation requesting him to invoke powers under Section 100 read with Section 143 of the Kerala Municipality Act, and that such an application was made on 19/03/2010. It is stated that the said application may be directed to be considered. WP(C) No.8880/2010 -2- 4. If as stated by the petitioner, such an application is filed, it is up to the Secretary to consider the same. 5. Therefore, without expressing anything on the merits of the claim raised by the petitioner and leaving it entirely open to the Secretary of the Corporation to consider the request, I dispose of the writ petition directing the Secretary to dispose of the application, if such an application has been received and is pending. Orders thereon shall be passed as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. 6. In the meanwhile status quo in so far as Ext.P3 shall be maintained. The petitioner shall produce a copy of this judgment before the Secretary for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg