IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 WP(C).No. 24960 of 2008(U) -------------------------- PETITIONER: ------------ C.P.GEORGE ALINE GEORGE PETER, 34/2312, VELIYIL HOUSE, KANNAYATHPARAMPU, MAMANGALAM, KOCHI 25. BY ADV. SRI.N.SUKUMARAN SRI.S.SHYAM RESPONDENTS: ------------- 1. CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, KOCHI 11. 2. SECRETARY, CORPORATION OF KOCHI. KOCHI 11. 3. ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF KOCHI, ZONAL OFFICE, EDAPPALLY. 4. THILOTHAMA KARTHIKEYAN, W/O.KARTHIKEYAN, KANNAYATH HOUSE, MAMANGALAM, PALARIVATTOM, KOCHI-25. BY ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 24960 OF 2008 U = = = = = = = = = = = = = = = = = Dated this the 26th day of August 2008 J U D G M E N T The challenge in this writ petition is against Ext. P3 stop memo. 2. Though several contentions have been raised, I do not think that an examination of all those contentions on the merits of the controversy is warranted for the disposal of this writ petition. 3. It is seen that Ext. P3 stop memo has been issued by the Assistant Executive Engineer of the Corporation. According to counsel for the petitioner, a notice in the nature of Ext. P3 could have been issued only by the Secretary and not by the Asst. Executive Engineer. Standing Counsel, Shri. K. Anand, on instructions, submits that the power of the Secretary has been delegated. But such delegation has been given only to the Town Planning Officer. If that be so, the admitted position is that the Asst. Executive Engineer who has issued Ext. P3 lacks competence W.P.(C) No. 24960 OF 2008 -2- to issue a notice in the nature of Ext. P3. For that reason Ext. P3 deserves to be quashed. Accordingly, Ext. P3 is quashed. However, it is clarified that it will be open to the respondents to initiate fresh action in the manner as provided in law. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-