IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 18312 of 2010(L) -------------------------------- PETITIONER: -------------- BERGGRUEN HOTELS PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGD.OFFICE AT 6TH FLOOR, SPAN CENTRE, C/556, SOUTH AVENUE, SANTA CRUZ (WEST) MUMBAI-400054, REPRESENTED BY ITS COMPANY SECRETARY RACHANA SINHA ROY. BY MR.E.K.NANDAKUMAR, ADVOCATE. MR.A.K.JAYASANKAR NAMBIAR, ADVOCATE. MR.K.JOHN MATHAI, ADVOCATE. MR.P.BENNY THOMAS, ADVOCATE. MR.P.GOPINATH MENON, ADVOCATE. MR.JOSON MANAVALAN, ADVOCATE. RESPONDENTS: ----------------- 1. THE CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY. 2. THE TOWN PLANNING OFFICER, CORPORATION OF COCHIN, ERNAKULAM. 3. SOCIAL WELFARE ASSOCIATION REPRESENTED BY ITS PRESIDENT, THEVARA, KOCHI. 4. CLEMENT D' SILVA, MALIEKKAL, SANTHI NAGAR, THEVARA, ERNAKULAM. 5. N.R.PAILAN, NELLISSERY HOUSE, SANTHI NAGAR, THEVARA, ERNAKULAM. WP(C).No. 18312 of 2010 6. JOSE GEORGE, KUTTAMPARAMBIL, SANTHI NAGAR, THEVARA ERNAKULAM. 7. ZACHARIA GEORGE, KUTTAMPARAMBIL, SANTHI NAGAR, THEVARA, ERNAKULAM. 8. C.O. DEVASSY, CHITTIATH HOUSE, SANTHI NAGAR, THEVARA, ERNAKULAM. BY MR.K.S.MADHUSOODANAN, ADVOCATE FOR R5 MR.T.V.JAYAKUMAR NAMBOODIRI, ADVOCATE, FOR R5 MR.THUSHAR NIRMAL SARATHY, ADVOCATE, FOR R5 MR.M.M.VINOD KUMAR, ADVOCATE, FOR R5 MS.K.M.RAMYA, ADVOCATE, FOR R5 MR.P.K.RAKESH KUMAR, ADVOCATE, FOR R5 MR.V.M.KURIAN, ADVOCATE, FOR R3, R4, & R6 TO R8 MR.K.T.THOMAS, ADVOCATE, FOR R3,R4 & R6 TO R8 MR.PRAVEEN K.JOY,SC,COCHIN CORPORATION FOR R1 & R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18312 OF 2010 --------------------------------------- Dated this the 20th day of July, 2010. J U D G M E N T The petitioner has started construction of a hotel in 62.869 cents of land in survey Nos.1007/1 and 1008/1 of Elamkulam village. This writ petition is filed challenging Exhibits P3, P4 and P7 communications issued by the Corporation in the light of the complaint raised by the nearby residents of the locality regarding the damage caused to their buildings and premises due to the piling work undertaken by the petitioner. The respondents have filed a detailed counter affidavit in the matter. 2. Heard the parties. It is submitted by the learned counsel for the petitioner, learned counsel appearing for the party respondents and the learned counsel appearing for the Corporation that the disputes between the parties have been amicably settled and therefore, the writ petition can be disposed of with appropriate directions in the matter. W.P.(C) No.18312/2010 2 3. Exhibit P2 is the copy of the building permit. Exhibit P3 is the stop memo issued to the petitioner and Exhibit P4 is the provisional order of the Corporation. By Exhibit P7 it was informed by the Corporation that steps may be taken to settle the issues and to produce a deed enclosing the terms after mutual discussion between Engineers on both sides. In the light of the fact that the whole issues have been settled, on production of an agreement showing the terms of compromise, the Corporation will withdraw the communications Exhibits P4 and P7 and will also see that the terms of settlement are implemented properly. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp