IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 20199 of 2011(Y) -------------------------------------- PETITIONERS: --------------------- 1. ANITHA PATWARI, AGED 36 YEARS, W/O.S.K.PATWARI, GULAB VATTIKA, HOUSE NO.2094F, S.R.M.ROAD, PACHALAM P.O., KOCHI-682 012, ERNAKULAM DISTRICT. 2. GULAB DEVI JAIN, AGED 62 YEARS, W/O.S.L.JAIN, GULAB VATTIKA, HOUSE NO.2094F, S.R.M.ROAD, PACHALAM P.O., KOCHI-682 012, ERNAKULAM DISTRICT. BY ADVS. SRI.C.ANILKUMAR (KALLESSERIL), SRI.C.Y.VINOD KUMAR. RESPONDENTS: ------------------------ 1. CORPORATION OF COCHIN, COCHIN-682 011, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE ADDITIONAL SECRETARY, CORPORATION OF COCHIN, COCHIN-682 011, ERNAKULAM DISTRICT. 3. THE TOWN PLANNING OFFICER, OFFICE OF THE TOWN PLANNING OFFICER, CORPORATION OF COCHIN, COCHIN-682 011, ERNAKULAM DISTRICT. *ADDITIONAL R.4. IMPLEADED: 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM. *ADDL.R4 IS IMPLEADED AS PER ORDER DATED 14.10.2011 IN IA.15995/2011. R1 TO R3 BY ADV. SRI.V.S.SREEJITH, S.C, ADDL. R4 BY GOVT. PLEADER SRI. RAFEEQUE V.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.20199/2011-Y: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE SALE DEED NO.4907/206 OF THE SRO, ERNAKULAM RELATING TO THE PROPERTY OF THE PETITIONER. EXT.P.2: COPY OF THE PERMIT NO.MOP.7/312/08 DTD. 26/12/2008 ISSUED TO THE PETITIONERS BY THE R.1. EXT.P.3: COPY OF THE PROVISIONAL ORDER WITH SHOW CAUSE NOTICE DTD 08/01/2010 ISSUED BY THE RESPONDENTS TO THE PETITIONERS. EXT.P.4: COPY OF THE REPLY SUBMITTED BY THE PETITIONERS DTD. 27/01/2010 BEFORE THE R.2. EXT.P.5: COPY OF THE FINAL ORDER NO. MOP7/312/08 DTD. 25/05/2010 PASSED BY THE R.2. EXT.P.6: COPY OF THE ORDER IN I.A. NO. 55/2011 DTD. 17/01/2011 PASSED BY THE TRIBUNAL FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P.6.A: COPY OF THE ORDER IN THE UNNUMBERED APPEAL 2011, DTD. 17/01/2011 PASSED BY THE TRIBUNAL FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P.7: COPY OF THE JUDGMENT DTD. 17/03/2011 IN W.P.(C).NO.1936/2011 ON THE FILE OF THIS HON'BLE COURT. EXT.P.8: COPY OF THE ORDER DTD. 05/07/2011 ISSUED BY THE R.3. TO THE PETITIONERS. EXT.P.9: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE R.4. ON 15/10/2011 BY THE PETITIONERS. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 20199 of 2011 --------------------------------------- Dated this the 19th day of October 2011. JUDGMENT The writ petition is filed seeking to quash Ext.P8 and for a direction directing the respondents not to initiate any steps for demolishing the building of the petitioners on the alleged violation of Ext.P2 permit and for a direction commanding respondents to regularise the construction. 2. It is pointed out by the petitioner that Ext.P8 order was passed by the first respondent without considering the fact that alleged violation from the plan is only 10 cms and that the violation alleged is a minor, negligible and trivial in nature having no bearing on public safety and therefore, respondents ought to have regularised the construction carried out by the petitioner. 3. When the matter was taken up for consideration today learned counsel for the petitioner submits that Ext.P9 submitted by W.P.(C) No.20199/2011 2 the petitioner before the Secretary to Government, Local Self Govt. Department, Govt. Secretariat, Thiruvananthapuram is pending consideration before the said Authority and therefore, requests this Court to issue a direction to the Secretary to Government, Local Self Government Department, who is the 4th respondent in the writ petition, to consider and dispose of Ext.P9 within a time frame to be fixed by this Court. 4. In the aforesaid circumstance, the writ petition is disposed of directing the 4th respondent to consider and pass appropriate orders on Ext.P9 petition within a period of two months from the date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioner. HARUN-UL-RASHID JUDGE al