IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6817 of 2010(B) ------------------------- PETITIONER(S): --------------- 1. K.V.JOSEPH I.P.S, (RETD) AGED 66 YEARS S/O.LATE K.T.VARKEY, RESIDING AT 36/2036 KARUVELIL HOUSE, ELAMKULAM ROAD, KALOOR,KOCHI-17 2. ALPHONSA VARKEY,AGED 54 YEARS W/O.BABU V.SANKUPURI RESIDING AT 36/2036 KARUVELIL HOUSE, ELAMKULAM ROAD, KALOOR,KOCHI-17 BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.DIPU JAMES RESPONDENT(S): --------------- 1. STATE OF KERALA, REP BY ITS SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, ERNAKULAM. 3. ASSISTANT EXECUTIVE ENGINEER EDAPPALLY ZONE, CORPORATION OF COCHIN EDAPPALLY ZONAL OFFICE, EDAPPALLY. 4. C.J.MICHEAL, HOUSE NO.170-A SOUTH KALOOR RESIDENTS ASSOCIATION KALOOR KATHRIKADAVU ROAD. MS.K.R.DEEPA, GOVERNMENT PLEADER MR.S.RAMESH BABU, SC FOR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6817 of 2010 (B) --------------------------------- Dated, this the 3rd day of March, 2010 J U D G M E N T The petitioners' grievance is that the 4th respondent is making certain constructions without obtaining permit from the 2nd respondent Corporation. If it is so, the remedy available to the petitioners is to move the Civil Court rather than adopting the indirect method of filing a complaint to the Corporation and filing a writ petition praying to direct that action be taken on the complaint. It is seen that the petitioners have made an allegation of this nature in Ext.P2 complaint. Ext.P2 complaint is filed only on 27/02/2010, and this writ petition has been filed on 02/03/2010. The question of finding fault with the respondent for their inaction on the complaint can arise only if reasonable time has expired, after the receipt of the complaint. In this case, immediately after filing the complaint, the petitioner has rushed to this Court and has filed this writ petition. For this reason also, I am not inclined to issue any direction for the consideration of the representation either. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg