IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 19941 of 2006(Y) -------------------------------------- PETITIONER: ------------------- M/S.KALPAKA BUILDERS PVT.LTD., IST FLOOR, CASSAGRANTE BUILDING, DESHABHIMANI JUNCTION, OPPOSITE T.V.S.SHOW ROOM, KALOOR, KOCHI-17, REPRESENTED BY ITS MANAGING DIRECTOR, SHRI.M.V.SUNIT. BY ADV. SRI.C.K.ABDUL RAHIM. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU, ERNAKULAM. 2. THE TAHSILDAR, KANAYANNOOR TALUK, ERNAKULAM. 3. SHRI.K.K.VIJAYAN, 33/1061, VIBITH BHAVAN, PATTATH ROAD, CHALICKAVATTOM, VYTTILA, ERNAKULAM. GOVT. PLEADER SRI. NOBLE MATHEW FOR R1 & R2, ADV. SRI.M.P.SREEKRISHNAN FOR R3, ADV. SMT.SHAHNA KARTHIKEYAN FOR R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19941/2006-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BUILDING PERMIT DTD. 09/11/05. EXT.P.1.A: COPY OF THE APPROVED PLAN DTD. 09/11/05. EXT.P.2: COPY OF THE BUILDING PERMIT DTD. 29/06/06. EXT.P.2.A: COPY OF THE APPROVED PLAN DTD. 29/06/06. EXT.P.3: COPY OF THE NO-OBJECTION CERTIFICATE OBTAINED FROM THE DIRECTORATE OF FIRE AND RESCUE SERVICES DTD. 22/12/05. EXT.P.3.A: COPY OF THE NO-OBJECTION CERTIFICATE OBTAINED FROM THE DIRECTORATE OF FIRE AND RESCUE SERVICES DTD. 09/10/05. EXT.P.4: COPY OF THE NOTICE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE INSPECTION CONDUCTED ON 17/07/2006. EXT.P.4.A: COPY OF THE NOTICE ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD TO THE INSPECTION CONDUCTED ON 17/07/2006. EXT.P.5: COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR DTD. 20/06/2006. EXT.P.6 (5 NOS): COPIES OF THE PHOTOGRAPHS OF THE SITE. EXT.P.7: COPY OF THE LIST SHOWING NAME AND ADDRESS OF THE PURCHASORS, THE RESPECTIVE DATES OF EXECUTION OF AGREEMENTS AND AMOUNT OF ADVANCE PAID BY EACH OF THEM WITH RESPECT TO THE 2 BLOCKS. EXT.P.7.A: COPY OF THE LIST SHOWING NAME AND ADDRESS OF THE PURCHASORS, THE RESPECTIVE DATES OF EXECUTION OF AGREEMENTS AND AMOUNT OF ADVANCE PAID BY EACH OF THEM WITH RESPECT TO THE 2 BLOCKS. EXT.P.8: COPY OF THE ORDER OF THE R.1. DTD. 12/07/2006. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE BUILDING PERMIT OF THIS RESPONDENT ISSUED BY THE CORPORATION OF COCHIN ON 13/01/1998. W.P.(C). NO.19941/2006-Y: EXT.R3.B: COPY OF THE REVISED PERMIT ISSUED BY THE CORPORATION OF COCHIN DTD. 21/12/2001 TO THIS RESPONDENT. EXT.R3.C: COPY OF THE OCCUPATION CERTIFICATION ISSUED BY THE CORPORATION OF COCHIN DTD. 26/03/2002. EXT.R3.D: COPY OF THE CERTIFICATE DTD. 03/08/2006 ISSUED BY DR. V.P. GANGADHARAN, LEKSHORE HOSPITAL, NETTOOR.P.O., COCHIN --04. EXT.R3.E: COPY OF THE REPRESENTATION DTD. 29/05/2006 SUBMITTED BEFORE THE R.1. BY THIS RESPONDENT. EXT.R3.F: COPY OF THE REPORT OF THE VILLAGE OFFICER, EDAPPALLY SOUTH DTD. 19/06/2006. EXT.R3.G: COPY OF THE ROUGH SKETCH SHOWING THE LOCATION OF THE BUILDING DTD. NIL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.19941 of 2006 ---------------------------------------------- Dated 19th September, 2008. J U D G M E N T Petitioner is aggrieved by Ext.P8 memo issued by the District Collector, directing the petitioner to stop the construction of the flat. There is an interim order ever since 28.7.2006. It is submitted that the construction has been completed also. Moreover, it is seen from Ext.P8 that it is a private dispute between the petitioner and the third respondent. The third respondent had pursued the matter before the civil court, and the suit was dismissed. Therefore, at this distance of time, nothing survives on facts. The writ petition is disposed of in terms of the interim order dated 28.7.2006. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.19941 of 2006 ---------------------------------------------- J U D G M E N T Dated 19th September, 2008.