IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 20788 of 2007(Y) ----------------------------------------- PETITIONER: -------------------- K.P.ALI, HAFSATH MANZIL, PULLITHODIPARAMBU, NALLALAM P.O., KOZHIKODE. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT: ----------------------- THE CORPORATION OF CALICUT, REPD. ITS SECRETARY, DEVELOPMENT WING, AMBEDKAR BUILDING, RAILWAY LINK ROAD, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN,SC,KOZHIKODE CORPN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20788/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DTD. 7/11/06. EXT.P2: COPY OF THE ORDER NO.E1-121379/2004 OF THE CORPORATION OF CALICUT. EXT.P3: COPY OF APPLICATION 30/03/06. EXT.P3(A): COPY OF CERTIFICATE DTD. 6/06/2006. EXT.P4: COPY OF THE CHELAN RECEIPT FOR THE PAYMENT OF RENT FOR THE MONTH OF MAY 2007 DTD. 29/05/2007. EXT.P5: COPY OF THE LIST OF INVENTORY. EXT.P6: COPY OF THE APPLICATION DTD. 15/02/2007. EXT.P7: COPY OF THE JUDGMENT DTD. 15/03/2007. EXT.P8: COPY OF THE NOTICE DTD. 3/07/07. EXT.P9: COPY OF THE REPRESENTATION DTD. 5/07/07. 1ST RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE ORDER NO.19522/E1/98/D.W.C. DTD. 3/07/2007 OF THE CORPORATION. EXT.R1(B): COPY OF THE LETTER DTD. 30/04/2007 TO MR.U.UNNIKRISHNAN AND THE PETITIONER. EXT.R1(C): COPY OF THE LETTER DTD. 30/04/2007 TO MR. K.P.ALI AND THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE, J. ----------------------------------------------- W.P.(C)No. 20788 OF 2007 ----------------------------------------------- DATED THIS THE 15TH JANUARY, 2008 J U D G M E N T Under challenge in this writ petition is Ext.P8 notice issued by the Corporation of Kozhikode. Standing counsel for the Corporation submits that Ext.P8 notice has been issued on the basis of Ext.R1(a) order of the Secretary of the Corporation. Ext.R1(a) order according to him has been passed by the Secretary pursuant to Ext.P7 judgment. Sri.Muhammed Shafi, learned counsel for the petitioner submits that in Ext.P7 there was a direction that order shall be passed only after hearing the petitioner. Without complying with that direction, the Secretary of the Corporation has issued Ext.R1(a). Ext.R1(a), according to him, is yet to be communicated to the petitioner. The absence of the petitioner during hearing will be explicit from Ext.R1 (a), submitted counsel. Having regard to the rival submissions addressed, I am of the view that since Ext.R1(a) order has been passed and since the impugned notice is only consequential to Ext.R1(a), the petitioner will have to challenge Ext.R1(a). Without challenging Ext.R1(a), no purpose will be served by challenging Ext.P8. Under these circumstances, I dispose of this writ petition issuing the WP(C)No.20788/2007 -2- following directions: The Corporation is directed to communicate the petitioner to Ext.R1(a) forthwith. It will be open to the petitioner to prefer an appeal against Ext.R1(a) in accordance with law and in that appeal the petitioner can raise all available grounds including the grounds that Ext.R1(a)has been issued violating the directions in Ext.P7 judgment. The order will be communicated at any rate by the Corporation to the petitioner within two weeks from today. There will be a further direction that the interim order dated 5-7-2007 will continue for another one month from today. (PIUS C.KURIAKOSE, JUDGE) ks. WP(C)No.20788/2007 -3- WP(C)No.20788/2007 -4-