IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 30171 of 2008(P) -------------------------- PETITIONER(S): --------------- BIJU A.M., AGED 31 YEARS, S/O.MATHEW, ARAKKAPARAMBIL HOUSE, PALLURUTHY P.O., KOCHI, ERNAKULAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. THE CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, COCHIN CORPORATION, KOCHI-11. 2. THE ASST.HEALTH OFFICER, CORPORATION OF COCHIN, MATTANCHERY HEALTH SECTION, MATTANCHERY. SHRI.RAMESH BABU, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.30171 of 2008 ================== Dated this the 22nd day of October, 2008 J U D G M E N T By Ext.P4, the petitioner has been directed to stop functioning of a furniture work shop being conducted by him on the ground that the same has been constructed without permission from the Corporation. The petitioner has filed Ext.P5 objections to Ext.P4. The petitioner complains that without disposing of Ext.P5 the respondents are taking further steps pursuant to Ext.P4. The petitioner seeks the following reliefs in the writ petition: “i) Issue a writ of certiorari and quash Ext.P4 notice issued by the 2nd respondent so as to secure the ends of justice. In the alternative ii) Issue a writ of mandamus or any other appropriate writ direction or order directing the 2nd respondent to consider Ext.P5 reply submitted by the petitioner before enforcing Ext.P4 notice issued by the 2nd respondent.” 2. I have heard the learned Standing Counsel appearing for the Corporation also. 3. I am of opinion that having received Ext.P5, the Corporation should consider the same and pass final orders pursuant to Ext.P4 especially since Ext.P4 has been passed w.p.c.30171/08 2 without notice or hearing to the petitioner. Accordingly, this writ petition is disposed of directing the 2nd respondent to treat Ext.P4 as a show cause notice and to pass final orders thereon after considering Ext.P5 and affording an opportunity of being heard to the petitioner as well as the person on whose complaint Ext.P4 has been issued. This shall be done within a period of one month from the date of receipt of a certified copy of this judgment. In the meanwhile, no coercive proceedings for implementation of Ext.P4 shall be taken. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.30171/08 3