IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8690 of 2009(E) ------------------------- PETITIONER(S): --------------- BIJU.A.M., AGED 31 YEARS, S/O.MATHEW, ARAKKAPARAMBIL HOUSE, PALLURUTHY P.O., KOCHI, ERNAKULAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. THE CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, COCHIN CORPORATION, KOCHI-11. 2. THE ASST.HEALTH OFFICER, CORPORATION OF COCHIN, MATTANCHERY HEALTH SECTION, MATTANCHERY. ADV. SRI. C.M. SURESH BABU, S.C. SRI. S. RAMESH BABU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 8690 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th March, 2009. J U D G M E N T The petitioner is conducting a furniture workshop. For the purpose of his business, he constructed a shed against which proceedings have been initiated by the Corporation for unauthorised construction. Now, by Ext. P11, the petitioner has been directed to remove the furniture stored in the shed and to desist from undertaking manufacturing work in the shop in so far as the same is unauthorised. The petitioner is challenging Ext. P11 order. 2. The petitioner's contention is that the petitioner has applied for regularisation of the construction in respect of which the standing committee of the Corporation has made Ext. P10 recommendation, which is yet to be considered by the Corporation and it would be unjust to direct the petitioner to remove the furniture before a final order is passed. 3. The learned standing counsel opposes the prayer. According to him, by Ext. P8, it has been held that the petitioner has unauthorisedly constructed the shed and therefore he cannot undertake any manufacturing process in that shed. 4. After hearing both sides, I am of opinion that further proceedings pursuant to Ext. P11 shall be only after taking a final decision pursuant to Ext. P10 recommendation of the standing committee. Accordingly, I direct that no proceedings shall be taken pursuant to Ext. P11 before a final decision is taken pursuant to Ext. P10 recommendation of the standing committee. However, I make it clear that the petitioner shall not undertake any manufacturing W.P.C. No. 8690/09. -: 2 :- process in the shed and the prohibition against the Corporation is only from removing the finished furniture kept in the shed. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.