IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 38219 of 2010(B) ------------------------- PETITIONER : --------------------- ABDUL NIKALESH, AGED 35, S/O.V.B.KUNJUMUHAMMED, HOUSE NO.12/1429, PANAYAPPALLY, COCHIN-2. BY ADVS. SMT.VANAJA MADHAVAN SMT.P.A.RITA RESPONDENT(S): ------------------------- 1. SIVARAM, AGED 51 YEARS, C.C.12/1349, ILLIPARAMBIL, THOPPUMPADY, COCHIN TALUK-682 005. 2. ABDUL SALAM, CC 18/672, THOPPUMPADY, COCHIN-682005. 3. CORPORATION OF COCHI, ZONAL OFFICE, FORT KOCHI-682 002, REP. BY ITS SECRETARY. R3 BY ADV. SRI. PRAVEEN K. JOY, SC SRI. S. RAMESH BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 38219 OF 2010 -------------------------- Dated this the 22ndday of December, 2010 J U D G M E N T Aggrieved by the building being put up by respondents 1 and 2, the petitioner has filed Ext.P1 complaint before the Secretary of Cochin Corporation. The petitioner alleges that respondents 1 and 2 have not applied for and obtained a building permit from the Corporation of Cochin and that the building being put up by respondents 1 and 2 is an illegal construction. In this writ petition, the petitioner seeks a direction to the Corporation of Cochin to demolish the unauthorised construction being carried out by respondents 1 and 2. Smt. Vanaja Madhavan, learned counsel for the petitioner submits that unless the Corporation takes expeditious action on Ext.P1 complaint by issuing a stop memo and proceeding further in terms of section 406 of the Kerala Municipality Act, the construction of the building will be completed thereby presenting the petitioner with a fait accompli. 2. I heard Sri. Praveen K. Joy, learned standing counsel appearing for the Cochin Corporation also. In the nature of the order that I propose to pass, I do not deem it necessary to issue WPC No.38219/2010 2 notice to or hear respondents 1 and 2. Ext.P2 letter sent by the Assistant Executive Engineer, Corporation of Cochin to the petitioner discloses that as on 28.8.2010 respondents 1 and 2 had not applied for and obtained a building permit from the Corporation of Cochin. The grievance voiced by the petitioner in Ext.P1 is that respondents 1 and 2 are putting a building without a valid permit or the approval of the Corporation of Cochin. Under the provisions of section 408 of Kerala Municipality Act, the Secretary of the Cochin Corporation has got the power to stop unauthorised constructions. He has also got the power to order demolition of the building after following the procedure prescribed in section 406 thereof. In such circumstances, as the petitioner has brought to the notice of the Secretary of Cochin Corporation an alleged illegal act being committed by respondents 1 and 2, I am of the opinion that the Secretary should enquire into Ext.P1 complaint and take an appropriate decision thereon. I accordingly dispose of the writ petition with the following directions . (1) The Secretary, Corporation of Cochin shall enquire into the complaint set out by the petitioner in Ext.P1 and take an appropriate decision in the matter after notice to and affording the petitioner and respondents 1 and 2 a reasonable opportunity of being heard and WPC No.38219/2010 3 after causing an inspection of the disputed construction. A final decision on Ext.P1 shall be taken expeditiously and in any event within two months from today. (2) The Secretary of Cochin Corporation shall as an interim measure cause an inspection of site of the disputed construction and issue orders stopping construction, if as on today the Corporation has not issued a building permit and the construction is not in accordance with an approved plan. Such interim order shall be passed within one week from today if the circumstances so warrant. P.N.RAVINDRAN, (JUDGE) vps WPC No.38219/2010 4 WPC No.38219/2010 5