IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 27713 of 2009(H) ----------------------------------------- PETITIONER(S): ------------------------ KALATMAK RESIDENCY RESIDENTS ASSOCIATION ( A REGISTERED SOCIETY UNDER REGISTRATION NO. ER-674/08) HAVING OFFICE AT 102, KALATMAK RESIDENCY, VIDYANAGAR, COCHIN-20, REPRESENTED BY ITS VICE PRESIDENT, SRI.SUDHEER PATEL. BY MR.GOVIND K.BHARATHAN, SENIOR ADVOCATE, MR.C.P. KUNHIKANNAN, MR.S.K.MADHU. RESPONDENT(S): --------------------------- 1. THE TALUK SURVEYOR, VILLAGE OFFICE, ERNAKULAM. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, REHABILITATION BLOCK, TRIDA BUILDING,MEDICAL COLLEGE PO, THIRUVANANTHAPURAM. 3. THE SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. 4. THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, GCDA ERNAKULAM. 5. THE TOWN PLANNING OFFICER, CORPORATION OF COCHIN. Kss ..2/- ...2..... WPC.NO.27713/2009 H 6. THE SECRETARY, LOCAL ADMINISTRATION GOVERNMENT OF KERALA. *ADDL.R7 & R8 ARE IMPLEADED: R7. EMPIRE BUILDERS, LALAN TOWERS, 4TH FLOOR, BANERJI ROAD, HIGH COURT JUNCTION, KOCHI. R8. M/S. MATHER AND MATHER PRIVATE LIMITED., MATHER BUILDING, MARKET ROAD, ERNAKULAM. (*ADDL.R7 & R8 ARE IMPLEADED AS PER ORDER DTD. 1/10/2009 IN WPC.NO.27713/2009) R1 BY GOVERNMENT PLEADER MV. V.MANU R3 & R5 BY ADV.MRM.K.CHANDRAMOHAN DAS,SC,COCHIN COPN. R7 & R8 B YADV. MR.GEORGE THOMAS (MEVADA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.27713/2009 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 7TH JULY, 2009, ISSUED BY THE 3RD RESPONDENT. P2: COPY OF THE JUDGMENT DTD. 30/01/08 IN WPC.NO.12567/07. P3: COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 05/06/09. P4A: COPY OF THE ORDER OF THE 3RD RESPONDENT DTD.05/08/09. P4B: COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 18/09/2008. P5: COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT IN WP.24854/09 DTD. 27/08/09. P6A: COPY OF THE I.A.NO.1056/09 FILED BEFORE THE 2ND RESPONDENT. P6B: COPY OF THE I.A.NO.1057/09 FILED BEFORE THE 2ND RESPONDENT. P6C: COPY OF THE I.A.NO.1058/09 FILED BEFORE THE 2ND RESPONDENT. P7: COPY OF THE ORDER DTD. 19/09/2009 OF THE 2ND RESPONDENT IN I.A.NO.1056/09. P8: COPY OF THE ORDER DTD. 22/09/09 IN R.P.NO.915/09 BY THE HONOURABLE HIGH COURT. P9: AFFIDAVIT OF THE CHIEF ENVIRONMENTAL ENGINEER DTD. 28TH MARCH 2008. P9: COPY OF THE REPORT OF THE ADVOCATE COMMISSION IN O.S.NO.600/07, IN THE MUNSIFF COURT, ERNAKULAM.(I.A.NO.12331/2009) P10: COPY OF THE REPORT OF THE ADVOCATE COMMISSION OF THE HON'BLE HIGH COURT OF KERALA IN WPC.NO.30204/07 P11: COPY OF THE INSPECTION REPORT OF THE KERALA STATE POLLUTION CONTROL BOARD, ERNAKULAM DTD. 10/05/07. P12: COPY OF THE INSPECTION REPORT DTD. 4/07/07 OF THE 4TH RESPONDENT. Kss ..2/- ...2.... WPC.NO.27713/2009 H RESPONDENT'S EXHIBITS: R7A: PHOTOGRAPH OF THE LOCALITY DTD. NIL. R7A1: PHOTOGRAPH OF THE LOCALITY DTD. NIL. R7(B): COPY OF JUDGMENT IN WPC.26999/08 DTD. 05/09/08. R7(C): COPY OF JUDGMENT IN W.A.1977/08 DTD. 26/11/2008. R7(D): COPY OF THE FAX DTD. 17/09/2008 SENT BY MRS. UMA MURTHY. R7(E): COPY OF THE APPEAL DTD. 18/08/2009 FILED BY SRI.SATISH MURTHY. R7(F): COPY OF JUDGMENT IN WPC.NO.17550/07 DTD. 29/06/07. R7(G): COPY OF REPORT OF THE ADV.COMMISSIONER FILED IN WPC.NO.30204/07 DTD. 1/12/2007. R7(H): FILE NOTINGS ISSUED TO SRI.SATISH MURTHY ON 5/08/09. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27713 of 2009-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of November, 2009. JUDGMENT Ext.P10 produced along with I.A.12331/2009 is the report submitted by an Advocate Commissioner before this Court in WP(C).30204/2007. The additional respondents 7 and 8 state that the said report could be acted upon by the Tribunal since it discloses the true state of affairs regarding the width of the road. They would also point out that the measurement shown by Ext.R7(H) is also the same. The petitioner, who is the objector, has sought for a direction to the third respondent Secretary of the Corporation of Cochin to provide the exact measurements along with the sketch of the site inspection conducted on 30.4.2009 in the premises in Sy.No.713/4, Elamkulam village. The assertion of the petitioner is also in terms of the contents of WPC27713/09 -: 2 :- Ext.P10 Commissioner's report and Ext.R7(H). Therefore, all that is required is for the Tribunal to proceed with the matter taking the Commissioner's report, which is Ext.P10 here, also into consideration in the light of what is stated above and the third respondent Secretary of the Corporation shall file an affidavit before the Tribunal as to whether a site inspection was conducted on 30.4.2009, going by the files and if so, whether a sketch was prepared and made part of the file following that inspection. If so, the Secretary shall produce the said sketch also before the Tribunal, if it is not already part of the records produced before the Tribunal. The learned Tribunal will proceed with the case, having regard to what is aforesaid and ensure that the Secretary of the Corporation or the concerned officer states by way of an affidavit the facts sought for above. The Tribunal will then proceed to conclude the final hearing and issue orders in accordance with law. The Secretary will file the affidavit before the WPC27713/09 -: 3 :- Tribunal within a period of four weeks from now. All issues on merits are left open. The writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2811