IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 1507 of 2009(D) ------------------------- PETITIONER(S): --------------- M.G.GEORGE, S/O.GEEVARGHESE GEORGE 72 YEARS, PROPRIETOR, M G M TOURIST HOME CHALAKUZY JUNCTION, PATTOM, THIRUVANANTHAPURAM RESIDING AT PANCHAMI NALANDA GARDENS, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.ISSAC NINAN SRI.T.K.RAJESHKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. CORPORATION, OF THIRUVANANTHAPURAM REPRESENETD BY ITS SECRETARY CORPORATION OFFICE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.K.R.DEEPA ADV.P.K.MANOJ KUMAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.1507 of 2009 ================== Dated this the 18th day of February, 2009 J U D G M E N T The petitioner is aggrieved by the inaction on the part of the 2nd respondent-Corporation in implementing Ext.P3 order of the Tribunal for Local Self Government Institutions. By Ext.P3 order, the Tribunal set aside an order of the Secretary of the Corporation and the Secretary was directed to make proper enquiry in the light of the report submitted by the Commissioner appointed by the Tribunal in the appeal before the Tribunal regarding the construction which was the subject matter of the appeal, to see whether the same deviates from the building permit issued and to initiate proper proceedings under Section 406 of the Kerala Municipality Act without any unnecessary delay. Although that order was on 25.8.2008, no further steps have been taken by the Corporation to implement that order, is the complaint of the petitioner. in the above circumstances, the petitioner seeks the following relief: “A. To issue a writ of mandamus or any other appropriate writs or orders directing the respondents to implement the Exhibit P3 order dated 25.8.2008 passed in Appeal No.60/2008, by the Tribunal for Local Self Govt. Institutions, Thiruvananthapuram.” 2. The Senior Counsel appearing for the 2nd respondent Corporation points out the difficulties in implementing the order. According to him, there is sufficient confusion in the matter in the light 2 of the letter received from the Chief Town Planner. Whatever be the difficulties in implementing the order, once an order is passed, the Secretary of the Corporation is bound to pass orders, as best as he can, as directed by the Tribunal. In the above circumstances, this writ petition is disposed of with a direction to the Secretary of the 2nd respondent Corporation to pass orders as directed in Ext.P3, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge