IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 24066 of 2008(M) ------------------------------------------ PETITIONER: ------------------- K.RAGHUNATHAN, T.C.28/2382, BHARAT TOURS AND TRAVELS, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ------------------------- 1. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 2. B.JAYAPRAKASH, MATHANATHU HOUSE, KALLAMBALAM, THIRUVANANTHAPURAM. BY SRI. P.K. MANOJKUMAR, SC,CORPN.OF THIRUVANANTHAPURAM-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.24066/2008 ----------------------------------------------------------- Dated this the 8th day of August, 2008 JUDGMENT Challenge is against Ext.P3. Ext.P3 is an interim order passed by the Ombudsman for Local Self Government, modifying the interim order obtained by the petitioner herein and permitting the second respondent before the Ombudsman to complete the concreting of the 3rd floor of the building. This order has been passed taking into account the fact that the correctness of the assertion made by the petitioner is yet to be verified and reported by the Chief Town Planner and that all arrangements were made by the second respondent in the proceedings for completing the concreting of the 3rd floor. I am satisfied that this order was passed only for the purpose of balancing the equities between the parties. This is necessarily subject to further 2 orders, for which the case is posed on 18.8.l2008. I am not satisfied that by the aforesaid interim order, any prejudice is caused to the petitioner. In any case, this court will not be justified in upsetting an interim order passed by the Ombudsman in a writ petition except in an extreme case of perversity, which ground could not be made out int his writ petition. Writ Petition fails and is dismissed. ANTONY DOMINIC JUDGE vi. 3