IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 24748 of 2010(P) -------------------------- PETITIONER: --------------- SECRETARY PENTA TOWER OWNER'S WELFARE ASSOCIATION, KALOOR, KOCHI. BY ADV. SRI.P.V.SREENIVASAN SRI.K.A.SREEJITH RESPONDENTS: --------------- 1. SECRETARY, COCHIN MUNICIPAL CORPORATION, KOCHI. 2. PROPRIETOR, RITE CHOICE SUPER MARKET, PENTA TOWER, KALOOR, KOCHI-17. SRI. S. RAMESH BABU, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ---------------------------------------- WP (C) No. 24748 of 2010 --------------------------------------- Dated this the 6th day of August, 2010 J U D G M E N T ----------------------------- The petitioner is aggrieved by the inaction on the part of the first respondent to comply with the direction in Exhibit P1 judgment. 2. The petitioner is a registered association formed for the welfare of shop room owners of the building Penta Tower Building complex. The same is situated at Kaloor, Kochi. The building is an eight storied one with 25 shop rooms in the first floor and 25 rooms in the ground floor. The second respondent is the owner of the same. According to the petitioner by denying the common facilities he has effected certain illegal constructions. The petitioner had filed a petition before the 2nd respondent, but no action was taken and later he filed WP(C) No. 34580/09 before this Court seeking for a direction to the 1st respondent to initiate appropriate action, which was disposed of by Exhibit P1 judgment. Even now, no 2 WP (C) No. 24748 of 2010 further actions have been taken as per the directions issued therein. 3. A reading of the judgment shows that the learned standing counsel for the corporation informed this Court that they have considered the issue and passed an order on 16.01.2010 and issued notice to the 2nd respondent requiring demolishion of the alleged unauthorised construction. The same was recorded and the matter was disposed of. 4. The petitioner was awaiting further action in the matter and recently an application was filed under the Right to Information Act and in the reply it was informed as per Exhibit P3, that a provisional order was issued on 16.01.2010. It is pointed out that by the learned counsel for the petitioner that the state of affairs as existed on the date of judgment remains even now without taking any further action by the Secretary of the Corporation. Learned standing counsel for the Corporation submitted 3 WP (C) No. 24748 of 2010 that remaining action will be expedited. Therefore there will be a direction to the first respondent to complete the formalities for issuing final order after hearing the 2nd respondent within a period of one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR, JUDGE. rkc