IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 5392 of 2010(Y) -------------------------------------- PETITIONER(S): ------------------------ JULIET CORREYA, AGED 68 YEARS, W/O.ANTONY CORREYA, AMBAT HOUSE, MANAPARAMBU, KANNACHANTHODE ROAD, COCHIN-12. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------------------- 1. SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, INSTITUTIONS, TRIVANDRUM. 2. THE SECRETARY, CORPORATION OF KOCHI, ERNAKULAM. 3. CHIEF TOWN PLANNER, CORPORATION OF KOCHI, ERNAKULAM. 4. BUIDLING INSPECTOR, DIVISION NO.43, CORPORATION OF KOCHI, ERNAKULAM. 5. REGINA LUIZ, W/O.LATE ANTONY LUIS,MANAPARAMBU HOUSE, KANNACHANTHODE ROAD, KOCHI-12. 6. SHELTON, S/O.LATE ANTONY LUIZ, MANAPARAMBU HOUSE, KANNACHANTHODE ROAD, KOCHI-12. 7. CELIA, W/O.SHELTON, MANAPARAMBU HOUSE, KANNACHANTHODE ROAD, KOCHI-12. R1 BY GOVERNMENT PLEADER SRI. K.RAMESH R2 TO R4 BY ADV. SRI. S.RAMESH BABU, SC R5 TO R7 BY ADV. SRI.M.S.UNNIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5392/2010 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF DECREE IN O.S.2160/2001 OF HON'BLE MUNSIFF'S COURT OF ERNAKULAM. P2: COPY OF COMPLAINT DTD. 28/01/2010 MADE BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4. P3: COPY OF RECEIPT ISSUED FOR EXHIBIT P2 COMPLAINT BY 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 5392 of 2010 --------------------------------------- Dated this the 27th day of July 2011. JUDGMENT This writ petition is filed for a direction directing the second respondent Secretary Corporation of Kochi to dispose of Ext.P2 complaint in accordance with law within a time as stipulated by this Court. 2. When the matter was taken up for final hearing, it is submitted at the Bar that Civil suit in O.S.No. 1222/09 is pending before the Munsiff court, Ernakulam. The suit was filed by the petitioner herein for a prohibitory injunction restraining the respondents 5 to7 from making any construction in the property in violation of the Kerala Municipality Building Rules. The issue raised in Ext.P2 complaint is substantially the same as raised in the civil suit. 3. The Corporation of Kochi is also a party in O.S.No.1222/09. Ext.P2 complaint is filed alleging that the respondents 5 to 7 are making W.P.(C) No.5392 of 2010 2 construction in violation of the Kerala Municipality Building Rules and therefore, steps have to be taken for demolition of the building. The question as to whether the respondents 5 to 7 are making construction in accordance with the plan and permit or if there is any violation of building rules are questions which the parties are agitating before the civil court. 4. In these circumstances, an independent consideration of Ext.P2 at this stage may not be justified under any circumstances and therefore the petitioner is not entitled to get any relief . The writ petition is dismissed reserving the right to raise the contentions at the appropriate stage. HARUN-UL-RASHID JUDGE al