IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 WP(C).No. 12385 of 2011(W) ------------------------------------- PETITIONER(S): ----------------------- ARTECH REALTORS (P) LTD., TC 15/1453,A.I.R ROAD,VAZHUTHACAUD, THIRUVANANTHAPURAM,REPRESENTED BY ITS MANAGING DIRECTOR T.S.ASHOK. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE,KOLLAM-01. 2. CIRCLE INSPECTOR OF POLICE,KOLLAM-13. 3. SUB INSPECTOR OF POLICE,WEST POLICE STATION,KOLLAM-13. 4. HARIS THAJ, S/O.S.M.THAJ,BUSINESS, BEENA DALE,KV NAGAR 14,THOPILKADAVU, MULANKADAKAM WARD,KOLLAM WEST VILLAGE, KOLLAM -13. 5. NAVEENACHANDRAN,S/O.RANGANATH KAMATH, PREM NIVAS,KV NAGAR 12,-DO- -D0 6. SUBAIDA BEEVI,W/O.AHAMAD HUSSAIN, KAITHAVARAM BUNGLOW,KV NAGAR 44, -DO- -DO-~ 7. ABDUL KALAM,S/O.AHAMAD HUSSAIN, KAITHAVARAM BUNGLOW,KV NAGAR 52, -DO- -DO- 8. ANANDAMMAL,W/O.MADHUSOODANAN, NARAYANA BHAVAN,KAITHARAVAM NAGAR,33/229 -DO -DO- 9. ALEX S/O. THOMAS,KENI COTTAGE, MULANGATAKAM,KOLLAM - 681 013. R1 TO R3 BY GOVT. PLEADER SRI. DHANESH MATHEW MANJOORAN. R4 TO R9 BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 12385 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE BUILDING PERMIT DTD 09/02/2011 ISSUED BY THE CORPORATION OF KOLLAM. P2 : COPY OF THE CONSENT DEED EXECUTED BY THE PETITIONER IN FAVOUR OF MRS. G.SARASWATHY, KAIKKARA THEKKETHIL, KOLLAM, DTD 26/03/2009. P3 : COPY OF THE STATEMENT OF MRS. PADMAVATHY AMMA, PROPERTY OWNER, DTD 06/11/2009. P4 : COPY OF THE STATEMENT OF MRS. G. SARASWATHY, PROPERTY OWNER, DTD 06/11/2009. P5 : COPY OF THE STATEMENT OF MR. SUJITH, PROPERTY OWNER, DTD 06/11/2009. P6 : COPY OF THE PETITION DTD 13/03/2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P7 : COPY OF THE PETITION DTD 06/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: R4(a) : COPY OF THE ORDER PASSED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DTD 25/04/2011. R4(b) : COPY OF THE REPORT OF THE TOWN PLANNING OFFICER OF THE CORPORATION DTD 18/04/2011. R4(c) : COPY OF THE WRITTEN STATEMENT FILED BY THE KOLLAM CORPORATION IN APPEAL NO.288/2011 ON THE FILE OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS DTD 18/05/2011. R4(d) : COPY OF THE REPRESENTATION SUBMITTED BY THE FOURTH RESPONDENT AND OTHERS DTD 03/03/2011. R4(e) : COPY OF THE REPORT SUBMITTED BY DR.LALU MANGAL, ASSISTANT PROFESSOR, DEPARTMENT OF CIVIL ENGINEERING, TKM COLLEGE OF ENGINEERING, KOLLAM IN O.S.NO. 197 OF 2011 DTD 09/04/2011. //TRUE COPY/ P.A TO JUDGE. STU PIUS C KURIAKOSE & C.K. ABDUL REHIM, JJ --------------------------------- WP(C) NO. 12385 OF 2011 ------------------------------------ Dated this the 28th day of October, 2011. JUDGMENT Pius C Kuriakose, J. There is controversy at the Bar as to what was the decision taken by the Tribunal for Local self Government Institutions. According to Sri. Millu Dandapani, learned counsel for the petitioner, the Tribunal's decision is infavour of the petitioner. But according to the learned counsel for the respondent the tribunal's decision is in their favour. Whatever be the decision, we give opportunity to both the sides to move a fresh writ petition on the basis of the decision of the Tribunal or any further order which may passed in modification of the decision. The writ petition is closed. PIUS C KURIAKOSE JUDGE C.K. ABDUL REHIM JUDGE dnc