IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 32399 of 2006(F) -------------------------------------- PETITIONER: ------------------ S.RAJKUMAR, SUNDARA BHAVANAM, NJACKANAL, OCHIRA P.O. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------------------ 1. KRISHNAPURAM GRAMA PANCHAYATH, KRISHNAPURAM P.O., KAYAMKULAM, ALLEPPEY, REP. BY ITS SECRETARY. 2. THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.BUILDINGS SUB DIVISION, HARIPAD. 3. KRISHNAPILLAI, KANNALAVEETTIL, KRISHNAPURAM, KAYAMKULAM, ALLEPPEY. SRI.PIRAPPANCODE V.SREEDHARAN NAIR FOR R1 SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT Dismissed as infructuous. 29.09.2008 SD/- KURIAN JOSEPH, JUDGE /TRUE COPY/ P.A. TO JUDGE tss K.BALAKRISHNAN NAIR, J. ----------------- W.P.(C).NO.32399 of 2006-F ----------------------------- Dated this the 12th day of December, 2006 --------------------------------------- O R D E R ---------- The petitioner seeks extension of interim order passed against Ext.P5. Ext.P5 would show that his theatre is in a collapsible condition. So, it is not safe to conduct regular show there. So the fitness certificate was canceled. But the petitioner relies on Ext.P4 l certificate of renewal from 24-3-2006 to 23-3-2008. As per that the fitness certificate has been renewed for a period of 2 years from 24-3-2006. The learned counsel for the 3rd respondent submitted that the building is in a dilapidated condition and it may collapse at any time. Without verifying the condition, I cannot extend the interim order since the life of the people are involved. The learned counsel for the petitioner agrees to take out a commission to ascertain the suitability of the building to run cinema shows. Adv..............is deputed as the Advocate Commissioner. The petitioner shall pay Rs.10,000/- (Rupees ten thousand only) towards Commissioner's batta and shall also provide conveyance taking him to inspect the theatre. The Advocate Commissioner may file the report on 15-12-2006. Post on 15-12-2006. K.BALAKRISHNAN NAIR,JUDGE. MS