IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WA.No. 1428 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22522590/2007 Dated 23/08/2011 .................... APPELLANT(S): APPELLANTS/RESPONDENTS 2 AND 3 -------------------------------------------- 1. MARADU MUNICIPALITY, MARADU.P.O., KOCHI-682 304, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, MARADU MUNICIPALITY, MARADU.P.O., KOCHI-682 304. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): RESPONDENTS/PETITIONERS/RESPONDENTS -------------------------------------------------- 1. ALFA VENTURES PVT. LTD., ALFA TOWERS, I.S.PRESS ROAD, KOCHI-682 018, REPRESENTED BY ITS DIRECTOR J.PAUL RAJ. 2. GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (RB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE KERALA STATE COASTAL ZONE MANAGEMENT AUTHORITY, REPRESENTED BY CHAIRMAN, OFFICE ADDRESS - THE DIRECTOR, STED, SASTHA BHAVAN, PATTOM, THIRUVANANTHAPURAM-695 004. ADV. SRI.V.M.KURIAN FOR R1 SRI.MATHEW B. KURIAN FOR R1 SRI.K.T.THOMAS FOR R1 SR.GOVT.PLEADER SMT.K.MEERA FOR R2 AND R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag. CJ. & P.S.GOPINATHAN, J ---------------------------------------------- W.A.No. 1428 of 2011 ---------------------------------------------- Dated this the 10th day of October, 2011 JUDGMENT Ramachandran Nair, Ag.CJ The appeal is filed against the interim order passed in I.A.No. 13882 of 2011 in W.P(C).No. 22590 of 2007 directing the appellant to number the apartments constructed by the respondents. According to the appellants, the constructions are in violation of the Building Rules and so much so, the buildings cannot be numbered. It is obvious that the 17 storied building was constructed only in the course of few years. We are of the opinion that the Municipality was sleeping while the construction in violation of the Building Rules was going on because if they wanted, they could have prevented the unauthorised construction. In fact only in a vigilance enquiry it was revealed that there is unauthorised construction in violation of the Building Rules by the respondents. We do not find any justification to interfere with the interim order. However, since the Writ Petition is of the year 2007, it should be heard and disposed of at the earliest. Therefore, we WA.1428/11 2 direct the learned Single Judge to dispose of the Writ Petition at the earliest. The appellant is free to levy tax and consider regularisation of the illegal construction on collection of compounding fee. We make it clear that the numbering will be provisional and subject to the final disposal of the Writ Petition. The Writ Appeal is dismissed accordingly. C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE P.S.GOPINATHAN, JUDGE vgs