IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 W.P.(C).No. 24836 of 2008(F) ---------------------------------- PETITIONER: -------------- SKYLINE FOUNDATIONS AND STRUCTURES PVT. LTD., SKYLINE PLAZA, VELLAYAMBALAM, TRIVANDRUM. REP. BY ITS DIRECTOR AND AUTHORISED SIGNATORY K.SRIKANT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENTS: ----------------- 1. CORPORATION OF TRIVANDRUM TRIVANDRUM, REP. BY ITS SECRETARY 2. SECRETARY, CORPORATIONOF TRIVANDRUM, TRIVANDRUM. 3. ASSISTANT TOWN PLANNING OFFICER, CORPORATION OF TRIVANDRUM, TRIVANDRUM. 4. E.DEVARAJAN, TC.NO.11/2187(1) BERACHMANSION, VIKAS BHAVAN P.O., TRIVANDRUM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) FOR R1-3 SRI.P.K.MANOJKUMAR FOR R1-3 SMT. MARY HELP JOHN DAVID. J, R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 24836 OF 2008 (F ) = = = = = = = = = = = = = = = Dated this the 21st day of August 2008 J U D G M E N T The petitioner challenges Ext. P13, an interlocutory order passed by the Tribunal for Local Self Government Institutions in I.A. No. 806/08 in Appeal No. 380/08. The contention that is raised is that by filing Ext. P12 I.A., what was sought for by the petitioner was stay of Ext. P8 stop memo and that by Ext. P13 the Tribunal has stayed demolition of the structure. According to the learned counsel, what the petitioner wanted was to continue the construction staying Ext. P8. 2. I heard the counsel for the petitioner, Standing Counsel for the Corporation and also the counsel who entered appearance on behalf of the 4th respondent. Since Ext. P13 is only an interlocutory order passed by the Tribunal, it will not be proper for this Court to interfere with the same. 3. True as contended there is inconsistency between the prayer made by the petitioner and the order passed by the Tribunal. W.P.(C) No.24836 OF 2008 -2- In the circumstances, if the petitioner wants to get the order varied the appropriate course open to the petitioner is to seek variation of Ext.P13 by filing an appropriate application before the Tribunal itself. With that liberty and directing that if any such application is filed the same shall be considered on merits as expeditiously as possible, this writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-