IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22870 of 2010(G) -------------------------- PETITIONER: --------------- M/S. ALPHA PLAZA OWNERS ASSOCIATION ALPHA PLAZA BUILDING, K.P.VALLON ROAD,ERNAKULAM REPRESENTED BY ITS SECRETARY,MR.JACOB JOHN BY ADV. SRI.JOY THATTIL ITTOOP SRI.LIJOY P.VARGHESE RESPONDENT(S): --------------- 1. THE CORPORATION OF COCHIN REPRESENTED BY ITS SECRETARY. 2. M/S. PEEJAY PROPERTY DEVELOPMENT 2739, VIDYA NAGAR CROSS ROAD KADAVANTHRA PO,KOCHI 682 020 REPRESENTED BY ITS MANAGING PARTNER. MR. P.J.VARGHESE. BY ADV.SHRI SANTHOSH BABU FOR R1 (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.22870 of 2010 --------------------------------- DATED THIS THE 22nd DAY OF JULY, 2010 JUDGMENT The petitioner is a registered association of owners of various shops/office spaces alloted to them in a building complex. The same is one promoted by the 2nd respondent. The building known as 'Alpha Plaza' is situated at K.P.Vallon Road, Kadavanthra, having eight floors apart from the basement floor. According to the petitioner, above the 8th floor, there is open terrace which is kept as a common space with facilities and recently, the 2nd respondent has started effecting certain constructions in the said space and one room has already been constructed there. It is averred that the access to the common space is also obstructed now. 2. It is pointed out that the second respondent has obtained building permit for the alleged illegal construction, from the 1st respondent and therefore the petitioner has approached the 1st respondent by filing Exhibit P2 representation to see that appropriate action is taken in the matter. W.P.(C)No.22870/10 -2- 3. Heard the learned Standing Counsel for the Corporation. There will be a direction to the 1st respondent to take a decision on Exhibit P2 representation after hearing the petitioner and the 2nd respondent within a period of two weeks from today. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn