IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 18322 of 2005(F) -------------------------- PETITIONER: ----------------- 1. P.O.JOSE, PARAPPALLI HOUSE, ALWAYE 2. K.J.ANTONY, METAL LANDS, PARTHAS JUNCTION, N.H.BYPASS, ALUVA. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: --------------------- 1. THE SECRETARY, CORPORATION OF COCHIN, COCHIN. 2. THE ASSISTANT EXECUTIVE ENGINEER, EAST ZONAL OFFICE, CORPORATION OF COCHIN, VYTTILA, KOCHI 18. 3. MANY SHANKAR, CORPORATION COUNCILOR, COCHIN CORPORATION, CHALIKKAVATTOM, VYTTILA, KOCHI. 4. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETIARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.M.K.CHANDRAMOHAN DAS,SC,COCHIN COPN FOR R1 GOVT. PLEADER SRI. MOHAMMED ANZAR K.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 18322/05 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : THE PHOTOCOPY OF THE APPROVED PLAN. EXHIBIT P2 : THE PHOTOCOPY OF THE BUILDING PERMIT DATED 05.10.2004. EXHIBIT P3 : THE PHOTOCOPY OF THE OCCUPANCY CERTIFICATE ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 : THE PHOTOGRAPH SHOWING THE COMPOUND WALL AND THE BUILDING. EXHIBIT P5 : THE PHOTOCOPY OF THE ORDER DATED 04.03.2005. EXHIBIT P6 : THE PHOTOGRAPH SHOWING THE ATTACKED EMPLOYEE. EXHIBIT P7 : THE PHOTOCOPY OF THE ORDER DATED 4.3.2005 ISSUED BY THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.18322 OF 2005 --------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T Challenge is on Exhibit P7 notice. It is clear from the notice that it is one issued under Section 406(1) of the Kerala Municipalities Act, 1994. Learned counsel for the petitioners submits that the foot note would indicate otherwise. Since the notice is issued under Section 406(1) of the Act, the petitioners are free to ignore the foot note. 2. Petitioners may submit their reply before the first respondent within a period of two months from today. Thereafter, the matter will be duly considered by the first respondent with notice to the petitioners and appropriate orders in accordance with law, adverting to the contentions taken by the petitioners, shall be passed and communicated to the petitioners. Till such time, there shall be no further action pursuant to Exhibit P7. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 18322 OF 2005 J U D G M E N T 18.07.2008