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. 7767 of 2004(Y) ------------------------------------ PETITIONER: ------------------ SIMON VAZ, S/O. LAWRENCE VAZ, AGED 46, VAIKKATH KARAN PARAMBIL, VAZ VILLA, EXCHANGE ROAD, VAZHICHERI WARD, ALAPPUZHA, NOW RESIDING AT 111/NPSA, W. ISLAND. BY ADV. SMT.SHOBA ANNAMMA EAPEN RESPONDENTS: ---------------------- 1. ALAPPUZHA MUNICIPALITY, ALAPPUZHA, REP. BY MUNICIPAL SECRETARY. 2. STATE OF KERALA, REP. BY SECRETARY, DEPT. OF LOCAL AUTHORITIES, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R2 ADV. SRI.M.K.CHANDRA MOHANDAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).7767/2004-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BUILDING PLAN SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2: COPY OF THE PERMISSION DATED 23/01/2003 GRANTED TO THE PETITIONER BY THE 1ST RESPONDENT FOR BUILDING CONSTRUCTION. EXT.P3: COPY OF THE SHAW CAUSE NOTICE AND TEMPORARY ORDER FOR DEMOLITION DATED 07/02/2004 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF THE REPRESENTATION DATED 19/02/2004 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P5: COPY OF THE NOTICE DATED 26/02/2004 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER TO DEMOLISH THE ILLEGAL CONSTRUCTION WITHIN 3 DAYS. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.7767 of 2004 ---------------------------------------------- Dated 19th September, 2008. J U D G M E N T Petitioner approached this court aggrieved by the steps taken by the first respondent pursuant to Exts.P3 and P5 notices, in the matter of demolition of an alleged unauthorised construction. It is for the petitioner, if still aggrieved to pursue the matter before the Tribunal for Local Self Government Institutions. In the event of the petitioner approaching the Tribunal within two months from today, the matter will be duly considered by the said authority with notice to the petitioner and appropriate orders in accordance with law will be passed within another four months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.7767 of 2004 ---------------------------------------------- J U D G M E N T Dated 19th September, 2008.