IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 26553 of 2009(L) -------------------------- PETITIONER(S): --------------- NAVEEN.S.ANAND,S/O.K.S.VADHYAR,AGED 34, RESIDING AT BHENOR, HOUSE NO.200,VNA VINAYAKA NAGAR,KAIMANAM,PAPPANAMCODE,THIRUVANANTHAPURAM. BY ADV. SRI.R.MANOJ SRI.P.RAVEENDRAN PILLAI RESPONDENT(S): --------------- 1. THE SECRETARY,DEPARTMENT OF LOCAL SELF GOVERNMENT (RA),SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,CORPORATION OFFICE, MUSEUM JUNCTION,THIRUVANANTHAPURAM. 3. THE TOWN PLANNING OFFICER, THIRUVANANTHAPURAM CORPORATION,CORPORATION OFFICE, THIRUVANANTHAPURAM. 4. THE ASSISTANT TOWN PLANNING OFFICER NO.II,(IN CHARGE OF ULLOOR ZONE), THIRUVANANTHAPURAM CORPORATION,CORPORATION OFFICE, THIRUVANANTHAPURAM. R1 BY GOVT.PLEADER SRI.I.V.PRAMOD. R2 TO R4 BY ADV.SRI.P.K.MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH WP(C).27269/2009 ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.26553/2009-L & 27269/2009-C = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of October, 2009. JUDGMENT 1.The petitioner in WP(C).26553/2009 is constructing a building. That was subject matter of Appeal No.633/2009 before the Tribunal for LSGIs. That matter was decided and orders issued on 22nd August, 2009. The Secretary of the Corporation is bound to pass orders following the directions of the Tribunal. 2.The petitioner in WP(C).27269/2009 states that he is aggrieved by the refusal of the Corporation to take appropriate action. It is pointed out by the learned counsel for the builder and it is also nearly admitted by the petitioner in WP(C). 264553/2009 in his pleadings that he had invoked the jurisdiction of the civil courts for redressal of his grievance. Now, he wants a WPC26553 & 27269/09 -: 2 :- further direction for an investigation by the Vigilance and Anti Corruption Bureau. 3.The minimum that has to be done following the order of the Tribunal is that the Secretary of the Corporation or any other competent officer in that Corporation will have to take necessary decision as to whether the construction of the building by the petitioner in WP(C).26553/2009 is in terms of the approved plan and permit and if not, take action by stating reasons. The question that the licence has already been revoked, as pointed out by the petitioner in WP(C). 27269/2009, is also a matter that has to be addressed upon by the Corporation authorities. 4.The final action following the decision of the Tribunal shall be taken by the Corporation authorities within an outer limit of three months from now. The Corporation authorities would also be at liberty to consider passing any interlocutory order, if found necessary on the WPC26553 & 27269/09 -: 3 :- facts and circumstances of the case. The petitioners in both the cases are directed to appear before the Secretary of the Corporation on the 15th October, 2009, following this judgment. The writ petitions are ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/101009