IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34490 of 2009(E) -------------------------- PETITIONER(S): --------------- P.L.ELSIE, W/O.LATE ARALAPPAN, RESIDING AT PLOT NO.A 24, SHANTHI NAGAR ANNEXE, RAJAGIRI P.O., SOUTH KALAMASERY, KOCHI - 683104. BY ADV. SRI.K.R.SAJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY, LOCAL SELF GOVERNMENT DEOARTNEBTM SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE SECRETARY, KALAMASSERY MUNICIPALITY, KALAMASSERY. 4. C.C.VARKEY,PLOT NO.A-19, SANTHINAGAR ANNEXE, RAJAGIRI P.O., SOUTH KALAMASSERY -683104 R1, R2 BY GOVT. PLEADER SRI.I.V.PRAMOD R3 BY SRI.M.K.ABOOBACKER, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.34490 OF 2009 ------------------------------------------- Dated this the 2nd day of December, 2009 JUDGMENT Government Pleader appears for respondents 1 and 2. Standing counsel appears for the third respondent. Notice to the 4th respondent dispensed with, preserving his right for re- hearing of the matter, if aggrieved. The petitioner states that Exts.P2 and P4 complaints filed regarding an unauthorised extension of a construction by the 4th respondent is not being adverted to by the third respondent secretary of the municipality. The petitioner being a neighbour may be justified in seeking a direction for consideration of the objections. But the learned counsel for the municipality states that at the instance of some other neighbours, the municipality took action against the 4th respondent and that the said proceedings, as of now, stands set aside by the Tribunal for Local Self Government Institutions. Consequentially, the third WPC.34490/09 2 respondent is to hear the objections of the 4th respondent. It is clarified that while considering it, Exts.P2 and P4 will also be considered and the petitioner will also be given an opportunity for hearing. Needless to say the 4th respondent will be given copies of Exts.P2 and P4 and will be given opportunity to object to those complaints also in the proceedings. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/12.