IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6576 of 2008(G) ------------------------- PETITIONER: ------------ ARDRA ASSOCIATES PATTURAIKKAL, THRISSUR REPRESENTED BY V.PARAMESWARAN, MANAGING PARTNER. BY ADV. SRI.B.S.SIVAJI RESPONDENTS: ------------- 1. SECRETARY,THRISSUR CORPORATION THRISSUR. 2. TOWN PLANNING OFFICER, THRISSUR CORPORATION THRISSUR. BY ADV.SRI.K.B.MOHANDAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No. 6576 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2008 JUDGMENT Under challenge in this writ petition, filed by the petitioner who has been issued Ext.P1 building permit for the construction of an apartment complex, is Ext.P2 provisional order issued under Section 406(1) of the Municipalities Act directing the petitioner to demolish the constructions unauthorisedly put up by him and also Exts.P2(2) stop memo. To Ext.P2 and P2(2) petitioner has submitted Ext.P3 explanation. The apprehension of the petitioner is that even before Ext.P3 is considered and final orders are passed by the Corporation, the Corporation will implement Ext.P2 provisional order of demolition with police help. Sri.K.B.Mohandas, standing counsel, takes notice for the Corporation and sought time to get instructions. But in the nature of the orders which are being passed hereunder, I am not inclined to grant time. I dispose of the writ petition directing the Secretary of the WPC.No.6576/08 2 Corporation to consider the explanations- Ext.P3 submitted by the petitioner to the provisional order and stop memo, conduct necessary local inspection for the purpose of taking measurements in the presence of the petitioner, hear the petitioner and then pass orders finalising the proceedings initiated as per the provisional order -Ext.P2. Final orders as directed above shall be issued by the Secretary of the Corporation at the earliest and at any rate within six weeks of receiving a copy of this judgment. Till final orders are passed as directed above, the Corporation will not enforce and demolish any construction so far made by the petitioner. The petitioner is also restrained from making any further constructions till final orders are issued by the Secretary of the Corporation. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.6576/08 2