IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 37734 of 2008(P) ------------------------------- PETITIONER(S): ------------------- E.R.GEORGE, ELANTHATTIL HOUSE PALARIVATTOM PO., KOCHI-682032. BY ADV. MR.SAIBY JOSE KIDANGOOR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, FORT KOCHI. 3. DISTRICT COLLECTOR, ERNAKULAM. 4. CORPORATION OF KOCHI, REP. BY ITS SECRETARY, ERNAKULAM. 5. TAHSILDAR, KANAYANNUR TALUK, KOCHI. 6. VILLAGE OFFICER, EDAPPALLY SOUTH VILLAGE EDAPPALLY. 7. JOSEPH PETER, PALLATH HOUSE, NANTHANATH KOCHACKO ROAD, THAMMANAM PO., KOCHI-682032. NOW RESIDING AT.GALAXY MANOR, THAMMANAM. ADV. MR.GEORGE CHERIAN (THIRUVALLA) FOR R7 MR.PRAVEEN K. JOY FOR R4 MR. RAMESH BABU .S. GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ALONG WITH W.P.(C)NO.7654 OF 2009 ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 37734 of 2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF REPRESENTATION PREFERRED BY PETITIONER TO R2 DATED 31.5.08. EXT.P2: COPY OF REPRESENTATION PREFERRED BY THE PETITIONER BEFORE R4 DTD 31.5.08. EXT.P3: COPY OF REPORT NO.134/2008 DTD 17.6.2008 SUBMITTED BY R6 TO R2. EXT.P4: COPY OF COMMUNICATION NO.3814/08 DTD 25.8.08 ISSUED FROM R2 TO R5. EXT.P5; COPY OF PETITION PREFERRED BY THE PETITIONER TO R5 DTD 30.10.2008. EXT.P6: COPY OF REPRESENTATION PREFERRED BY THE PETITIONER TO R5 DTD 12.12.08. RESPONDENTS' EXHIBITS EXT.R7(a): COPY OF BUILDING PERMIT DTD 28.2.2008. EXT.R7(b): COPY OF APPROVED PLAN FOR THE RESIDENTIAL HOUSE ISSUED BY THE CORPORATION OF KOCHI DATED 30.7.92. EXT.R7(c0: COPY OF ROUGH SKETCH OF THE PROPERTY. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ---------------------------------------------- W.P.(C)Nos.37734/08 & 7654 OF 2009 ------------------------------------------------- Dated this the 17th day of March, 2009 JUDGMENT The petitioner in W.P.(c)No.7654/09 is aggrieved by Ext.P3 stop memo issued by the Corporation to the petitioner whereby the petitioner has been directed to stop the construction of a building pursuant to a permit issued by the Corporation to the petitioner. W.P.(C)No.37734/08 is filed by a neighbour of the petitioner's property in which the construction is being made alleging that the construction is in a paddy land. 2. I am not inclined to go into the merits of the contentions of the rival parties. I am of opinion that having issued a building permit and a stop memo, the Corporation is bound to take it to its logical conclusion after affording an opportunity of being heard to the petitioners in both the writ petitions. Accordingly, I dispose of this writ petition with the following directions: The petitioner in W.P.(C) No.7654/09 shall file objections to Ext.P3 within a period of two weeks from today. Thereafter, the W.P.(c)No.37734/08 2 Corporation shall take a final decision on the same, after affording an opportunity of being heard to the petitioners in both the writ petitions as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of the objections filed by the petitioner in W.P.(C)No.7654/09 and it would be open to the parties to produce evidence also in support of their respective case. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.37734/08 3