IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 10468 of 2009(C) -------------------------- PETITIONER(S): --------------- S.JAYANARAYANAN, S/O.SANKARA NARAYANAN, SREYAS, BILATHIKULAM ROAD, CALICUT. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENT(S): --------------- 1. THE CORPORATION OF CALIUCUT-REP. BY THE SECRETAYRY, CALICUT CORPORATION OFFICE, KOZHIKKODE. 2. THE HEALHTH INSPECTOR, CIRCLE-III, CALICUT CORPORATION, KOZHIKODE. ADV. SRI. K.D. BABU, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 10468 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 31st March, 2009. J U D G M E N T The petitioner is the owner of a three storeyed building in which he is running a gas agency. Originally, the petitioner bought a residential building and applied for renewal of the plan for commercial building. That application was rejected and the building was assessed as unauthorised construction and on that basis the petitioner had been paying tax. Now the 2nd respondent has issued Ext. P2 notice calling upon the petitioner to stop the business carried on in the building on the ground that it is an unauthorised construction. In the meanwhile, the petitioner also submitted Ext. P3 application before the 1st respondent for regularisation of the construction as a commercial building and approving the plan submitted for that purpose. The petitioner's grievance is that the 2nd respondent is proceeding further with Ext. P2 notice and at the same time Ext. P3 application is also not being considered. 2. I have heard the learned standing counsel for the respondents also. 3. I am of opinion that the 1st respondent should pass final orders on Ext. P3 expeditiously and only after the same the 2nd respondent shall proceed with Ext. P2 notice. Accordingly, the writ petition is disposed of with the following directions: The 1st respondent shall consider and pass orders on Ext. P3 application submitted by the petitioner after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any W.P.C. No. 10468/09 -: 2 :- rate, within one month from the date of receipt of a copy of this judgment. Ext. P2 notice shall be implemented only after the orders are passed on Ext. P3 as directed above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.