IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 4953 of 2009(M) ---------------------------------------- PETITIONER(S): ------------------------ K.C.BABU, AGED 47 YEARS, S/O.K.C.CHAKKUNNI KOLLANNUR PALACE, KATHRIKADAVU, COCHIN-17. *ADDL.P2 IS IMPLEADED: P2. T.P.RAMLA, AGED 66 YEARS, W/O.SRI. MAMMOO, PATTOTHIL HOUSE, THALASSERRY. (*ADDL.P2 IS IMPLEADED AS PER ORDER DTD. 30/03/2009 IN I.A.NO.4637/2009) BY ADVS. MR.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, MR.P.G.PRAMOD. RESPONDENT(S): --------------------------- 1. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, ERNAKULAM. 2. HEALTH INSPECTOR, KALOOR CIRCLE, CORPORATION OF KOCHI, KALOOR. 3. C.J.BENEDICT @ BENNY, S/O.LATE C.J.JOHN, RESIDING AT CHAMMANICODATH HOUSE, KALOOR, ERNAKULAM. R1 & R2 BY ADV. MR.K.ANAND, SC, COCHIN CORPN. R3 BY ADV. MR.S.SREEKUMAR MR.K.M.FAISAL (KALAMASSERY) MR.S.RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4953/2009 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT DTD. 4/04/2006 EVIDENCING THE PAYMENT OF LICENSE FEE FOR CONDUCTING HOTEL AND C CLASS SHOP IN THE PREMISES. EXT.P2: COPY OF THE NOTICE NO.MOH 153643/2005 DTD. 6/06/2005 ISSUED BY THE 1ST RESPONDENT INFORMING THE TENANT THAT THE LICENSE FOR CONDUCTING THE HOTEL BUSINESS WAS CANCELLED SINCE THE BUILDING WAS IN A DILAPIDATED CONDITION. EXT.P3: COPY OF THE JUDGMENT DTD. 28/09/2007 IN W.P.C.NO.11176/2007 OF THIS HON'BLE COURT. EXT.P4: COPY OF NOTICE NO.MOH 15/13643/2005 DTD. 23/06/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE JUDGMENT DTD. 20/08/2008 IN WPC.NO.23516/2008 OF THIS HON'BLE COURT. EXT.P6: COPY OF THE APPLICATION DTD. 19/02/2009 SUBMITTED BY THE PETITIONER TO THE CORPORATION. EXT.P7: COPY OF THE APPLICATION DTD. 17/03/2009 SUBMITTED BY MRS. RAMLA TO THE CORPORATION TO ISSUE HER A COPY OF THE ORDER. EXT.P8: COPY OF THE NOTICE DTD. 17/03/2009 ISSUED BY THE CORPORATION TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R3(A): COPY OF PROCEEDINGS NO.MOP 7/31496/04 DTD. 20/01/2005 ISSUED BY 1ST RESPONDENT. EXT.R3(B): COPY OF NOTICE NO.MOH.15-13643/05 DTD. 06/06/2005 ISSUED BY 1ST RESPONDENT. EXT.R3(C): COPY OF JUDGMENT IN W.P.C.NO.(C) NO.17579/05 DTD. 05/10/2005 BY THIS HON'BLE COURT. Kss ..2/- ....2.... WPC.NO.4953/2009 M EXT.R3(D): COPY OF THE APPEAL DTD. 25/10/2005. EXT.R3(E): COPY OF MINUTES DTD. 24/03/2007 OF 1ST RESPONDENT. EXT.R3(F): COPY OF COMMISSION REPORT SUBMITTED BY THE COMMISSIONER. EXT.R4(A): COPY OF THE APPLICATION DTD. 16/02/2009 SUBMITTED BY THE MANAGER OF THE PETITIONER TO THE CORPORATION. EXT.R4(B): COPY OF THE APPLICATION DTD. 17/03/2009 SUBMITTED BY THE PETITIONER TO THE CORPORATION TO ISSUE A COPY OF THE ORDER. EXT.R4(C): COPY OF THE LETTER DTD. 17/03/2008 ISSUED TO THE PETITIONER. /TRUE COPY/ P.S.TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 4953 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30th March, 2009. J U D G M E N T The petitioner is aggrieved by the proceedings initiated against the petitioner directing demolition of a building allegedly occupied on behalf of his principal, namely, one Smt. T.P. Ramla. Standing counsel for the Corporation points out that final orders have been passed in the matter as evidenced by Ext. P8. Now that final orders have been passed, I am of opinion that the petitioner's remedy lies in challenging Ext. P8 in a properly constituted appeal either by the petitioner or by his principal. Accordingly, the writ petition is disposed of without prejudice to the right of the petitioner to challenge Ext. P8 in a properly constituted appeal. In order to enable the petitioner to seek appellate remedies and interim orders, I direct that Ext. P8 shall not be implemented for a period of two weeks. Sd/- S. Siri Jagan, Judge. Tds/