IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WP(C).No. 4725 of 2009(K) ------------------------------- PETITIONER: -------------- EDWIN, AGED 60 YEARS, NILAVARETH HOUSE, SOUTH JANATHA ROAD, PALARIVATTOM P.O., KOCHI-25. BY MR.DINESH MATHEW J.MURICKEN, ADVOCATE. RESPONDENTS: ------------------ 1. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. 2. APPEAL COMMITTEE, CORPORATION OF KOCHI, REPRESENTED BY ITS CHAIRMAN, CORPORATION OF KOCHI, ERNAKULAM. 3. SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. BY MR.K.ANAND, SC, COCHIN CORPN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4725 OF 2009 ---------------------------------------- Dated this the 12th day of February, 2009 JUDGMENT The petitioner has been directed by the 3rd respondent to demolish a wall constructed by the petitioner allegedly encroaching into the property belonging to the Corporation. The petitioner has submitted Ext.P8 appeal before the 2nd respondent along with an application for stay. The grievance of the petitioner is that without passing orders on the stay petition, the 2nd respondent is taking steps to implement the order impugned in the appeal. The petitioner, therefore, seeks a stay of further proceedings pursuant to Ext.P7 order, till the 2nd respondent passes orders on Ext.P8 appeal. 2. I have heard the learned Standing Counsel for the Corporation also. In so far as Ext.P8 is pending, it is only in the fitness of things that the 3rd respondent keeps in abeyance further proceedings pursuant to Ext.P7 till orders are passed on Ext.P8. W.P.(c) No.4725/09 2 Accordingly, the writ petition is disposed of with a direction to the 3rd respondent to keep further proceedings pursuant to Ext.P7 in abeyance until the 2nd respondent hears and disposes of Ext.P8 finally. S. SIRI JAGAN, JUDGE Acd