IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 18773 of 2010(V) -------------------------- PETITIONER: ------------------ 1. MR.VIJAYAKUMAR KAMATH, S/O.RAMACHANDRA KAMATH, C.C.XXXV/2700, SIVALAYAM ROAD, THAMMANAM P.O., KOCHI-682 032. 2. MRS.D.JAYASREE, W/O.VIJAYAKUMAR KAMATH, C.C.XXXV/2700, SIVALAYAM ROAD, THAMMANAM P.O., KOCHI-682 032. BY ADVS. SRI.K.R.KURUP SRI.C.R.SYAMKUMAR SRI.K.J.ABRAHAM SRI.LAVARAJ M.G. SRI.C.R.VINOD KUMAR RESPONDENTS: --------------------- 1. THE CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF KOCHI, EDAPPALLY ZONE, EDAPPALLY. 3. MR.ANTONY MAMPILLY, MAMPILLY HOUSE, AMMAN KOVIL ROAD, KOCHI-11. 4. M/S.TRAVANCORE BUILDERS PRIVATE LIMITED TRAVANCORE HOUSE, CHAKKARAPARAMBU, N H BYE PASS, KOCHI-32, REPRESENTED BY ITS MANANGING DIRECTOR. R1 & R2 BY ADV. SRI.ASOK M.CHERIAN R3 & R4 BY ADV. SRI.TOM K.THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18773 of 2010(V) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. PHOTOCOPY OF THE APPROVED PLAN DATED 5.12.2008 EXT.P2. PHOTOCOPY OF THE NOTICE DATED 29.4.2010 ISSUED TO THE 3RD RESPONDENT. EXT.P3. PHOTOCOPY OF THE PETITION SUBMITTED BY THE PETITIONERS DATED 27.5.2010. EXT.P4. COPY OF THE APPROVED PLAN DATED 23.5.2005. RESPONDENTS' EXHIBITS : ------------------------------------- EXT.R4 (A). : COPY OF REGISTERED SALE DEED NO.667/2005 DATD 05.02.2005 OF MARADU SR. EXT. R4(B). COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT TO THE NOTICE ISSUED BY THE 2ND RESPONDENT. / TRUE COPY / P.A. TO JUDGE VK VK R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.18773 of 2010 ***************************** Dated this the 7th day of January, 2011 JUDGMENT BASANT, J. This petition is filed by the petitioners, who are adjacent property owners of lands in a panchayat. The respondent carries on the activity of construction of a villa. The petitioners came to this Court with grievance that in spite of Ext.P2 order, under which the 1st respondent Corporation had directed the 4th respondent to demolish the construction offending the permit granted, the Corporation is not proceeding further with the matter. 2. The respondents have entered appearance. The 4th respondent submits that Ext.P2 notice is unsustainable. A valid objection has already been tendered against Ext.P2. A copy of the same has been produced as Ext.R4(b). The 1st respondent Corporation of Cochin has now got to consider Ext.R4(b) in the light of Ext.P2 and pass appropriate orders. The learned counsel for the 1st respondent Corporation submits that in the nature of the contentions raised some time will be required to finally dispose of the matter. The learned counsel for the 1st respondent W.P(C) No.18773 of 2010 2 undertakes that within a period of 45 days, final orders shall be passed on Ext.P2 notice in the light of Ext.R4(b) reply submitted by the 4th respondent. We are satisfied, in these circumstances, that no further directions are necessary in the matter. 3. This Writ Petition is accordingly allowed in part to the above extent, accepting the submission of the 1st respondent Corporation that appropriate final orders shall be passed on Ext.P2 notice in accordance with law after hearing all concerned, within a period of 45 days from this date. 4. Hand over a copy of this judgment to the learned Standing Counsel for the 1st respondent, Corporation. Compliance shall be reported to this Court. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/