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. 6605 of 2008(J) ------------------------- PETITIONER: ------------ ELSAMMA J. CHALAMANA, OLLUKKARA P.O.-680 655. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------- 1. THE SECRETARY, CORPORATION OF THRISSUR, THRISSUR. 2. THE ASSISTANT ENGINEER, OLLUKKARA REGION, CORPORATION OF THRISSUR,THRISSUR 3. SMT. JANCY, D/O. NALLANKARA THIMATHY, PARAVATTANY DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, EAST FORT P.O.-680005. 4. SMT. JANCY, D/O. CHIRAYATH MANJILA JOHN, MANGALAM GARDEN, PUTHENVETTUVAZHY DESOM, PERINGAVU VILLAGE, THRISSUR TALUK, EAST FORT P.O.-680005. BY S.C. SRI.K..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. 6605 of 2008 ---------------------------------- Dated this the 26th day of February , 2008 JUDGMENT The grievance, which the petitioner has voiced in this writ petition, is regarding a construction which has been made by her neighbor (4th respondent). According to the petitioner, it is without leaving the necessary set back from the margin of the public road abutting the 4th respondent's property the construction has been made. 2. The learned standing Counsel Sri. K.B.Mohandas takes notice on behalf of the Corporation . In the nature of the order, which is being issued hereunder, in my opinion, it is not necessary to issue notice to the party respondents. Ext.P1 representation submitted by the petitioner is seen pending before the Secretary of the Corporation. The Secretary of the Corporation will take up Ext.P1 immediately, conduct necessary local inspection with notice to respondents 3 and 4, hear the petitioner as well as respondents 3 and 4 and then take a correct WPC No.6605/2008 2 decision. The local inspection will be conducted by the Corporation immediately i.e. within ten days from today. Decision will be taken, as directed above, by the Corporation within one month from thereafter. If the local inspection to be conducted by the first respondent reveals that the constructions violate the building rules, the Corporation will issue stop memo to respondents 3 and 4 and ensure that respondents 3 and 4 do not continue with the construction in violation of rules. PIUS C. KURIAKOSE, JUDGE. dpk