IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 6471 of 2010(H) ------------------------- PETITIONER(S): --------------- SIMON MATHEW @ T.S.MATHEW, AGED 58 YEARS S/O SIMON, THENAMPARAMPIL, DOOR NO.39/2724 WARRIAM ROAD,KOCHI-16. BY ADV. SRI.N.JAMES KOSHY SRI.T.SANJAY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF TOWN PLANNER TOWN AND COUNTRY PLANNING DEPARTMENT THIRUVANANTHAPURAM. 3. CORPORATION COUNCIL, CORPORATION OF KOCHI, REP BY ITS MAYOR, CORPORATION OFFICE ERNAKULAM. 4. CORPORATION OF KOCHI, REP BY ITS SECRETARY, CORPORATION OFFICE ERNAKULAM. 5. SECRETARY, CORPORATION OF KOCHI, CORPORATION OFFICE, ERNAKULAM. 6. RAJALAKSHMI,SATHIAPALAN, W/O.SATHIAPALAN, LAKSHMI VIHAR, WARRIAM ROAD,ERNAKULAM. 7. M.R.PADMARAJ, S/O.M.P.RAJAPPAN 301, PARK VIEW ,COIMBATORE ,TAMIL NADU. WPC NO.6471/2010 8. ANAND NARAYANASWAMY, KRISHNAKRIPA KRISHNASWAMY ROAD, KARITHALA, ERNAKULAM. 9. LAKSHMI ANAND, W/O. ANAND NARAYANASWAMY, KRISHNAKRIPA KRISHNASWAMY ROAD, KARITHALA, ERNAKULAM. 10. R.SUBRAMANIOM, OILIPARAMPIL MADOM 41/843, PULLEPADY, KARITHALA, ERNAKULAM. 11. MEENAKSHI SUBRAMANIOM, OLIPARAMPIL MADOM, 41/843, PULLEPADY, KARITHALA, ERNAKULAM. 12. P.VAIDYANATHAN, S/O.V.PARAMESWARAN LAKSHMI NIVAS, NEW STAR ROAD,MATTANCHERRY. 13. M/S.JAYAKRISHNAN & CO.,C.C.41/1272-A C.P.UMMER ROAD, KOCHI-35, REPRESENTED BY ITS MANAGING DIRECTOR, N.JAYAKRISHNAN 14. N.JAYAKRISHNAN, AGED 50 YEARS S/O.M.K.NARAYANASWAMY, MANAGING DIRECTOR, M/S.JAYAKRISHNAN & CO.,C.C.41/1272-A C.P.UMMER ROAD, KOCHI-35. MS.K.R.DEEPA, GOVERNMENT PLEADER MR.S.RAMESH BABU, SC FOR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.6471 of 2010 (H) --------------------------------- Dated, this the 3rd day of March, 2010 J U D G M E N T The petitioner has made allegations against certain constructions undertaken by the party respondents. According to the petitioner, though a building permit has been obtained by the respondents, construction undertaken by them is against the conditions of the building permit, Building Rules and also Ext.P7 interim order passed by the Principal Munsiff Court, Ernakulam in O.S.957/2009. 2. When the case came up for admission on 01/03/2010, it was adjourned and was posted to today, with a direction to the learned standing counsel to obtain instructions in the matter. On instructions, the learned standing counsel confirms that Ext.P9 complaint has been received from the petitioner seeking action against the alleged unauthorised construction made by the party respondents. Having regard to the fact that Ext.P9 representation has been WP(C) No.6471/2010 -2- received and is pending, it is directed that the 5th respondent shall consider Ext.P9 with notice to the petitioner and party respondents, take a decision thereon and take appropriate action in the matter. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. It is made clear that this Court has not expressed anything on the merits of the allegations levelled by the petitioner and it is entirely for the 5th respondent to deal with the matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg