IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25941 of 2011(P) ------------------------------------- PETITIONER: ------------------------ SHEHANSHAW SULTHAN, S/O.SULTHAN KHAN, AGED 34 YEARS, KOHINOOR, THEATER JUNCTION, PULLOORKONAM, VIZHINJAM VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: ------------------------ 1. THE CORPORATION OF THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, MUSEUM JUNCTION, THIRUVANANTHAPURAM-695001. 2. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, PUBLIC OFFICE BUILDING, OPP.MUSEUM, THIRUVANANTHAPURAM-695001 3. THE ASSISTANT EXECUTIVE ENGINEER, PWD ROADS DIVISION, PUBLIC OFFICE BUILDING, OPP.MUSEUM, THIRUVANANTHAPURAM-695001 BY SR, GOVRNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25941 of 2011(P) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: THE PHOTOCOPY OF THE JUDGMENT DATED 29.3.1975 IN O.S.NO.115/1972 OF THE PRINCIPAL MUNSIFF, NEYYATTINKARA. EXT.P2: THE PHOTOCOPY OF THE PLAN INCORPORATED IN DECREE AND DECREE DATED 29.3.1975 IN O.S.NO.115/1972 OF THE PRINCIPAL MUNSIFF, NEYYATTINKARA. EXT.P3: THE PHOTOCOPY OF THE SETTLEMENT DEED DATED 27.6.2001 EXECUTED BY THE PETITIONER'S FATHER TO THE PETITIONER. EXT.P4: THE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 6.7.2011 ISSUED BY THE VILLAGE OFFICER, VIZHINJAM. EXT.P5: THE PHOTOCOPY OF THE BUILDING TAX RECEIPT DATED 17.8.2011 ISSUED BY THE THIRUVANANTHAPURAM CORPORATION. EXT.P6: THE PHOTOCOPY OF THE BUILDING PERMIT ISSUED BY THE VIZHINJAM GRAMA PANCHAYAT DATED 12.7.2002 EXT.P7: THE PHOTOCOPY OF THE REPORT DATED 15.6.2006 FILED BY THE TALUK SURVEYOR BEFORE THE TAHSILDAR, NEYYATTINKARA. EXT.P8: THE PHOTOCOPY OF THE REPRESENTATION DATED 26.9.2011 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:-NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J ----------------------------------------- W.P(C) No. 25941 of 2011 ------------------------------------------ Dated this the 29th day of September , 2011. JUDGMENT Heard Sri.N.Nandakumara Menon, learned counsel appearing for the first respondent and Sri.P.N.Santhosh, learned Government Pleader who appearing for respondent Nos. 2 and 3. Petitioner states that he is the owner of a building No.V.P.VIII/253 & 254 within the jurisdiction of the first respondent. According to the petitioner the building has been leased out for commercial purposes. It is stated on 26.9.2011 the 3rd respondent came to the shop and informed that they are going to make some constructions in between the pubic road and the petitioner's property, demolishing the front wall of the building. According to the petitioner if the construction is so done the building itself will collapse. Therefore complaining of the above he made Exhibit P8 representation to the 2nd respondent and has filed this writ petition for appropriate reliefs. In the light of the grievance as above and on account of the pendency of Exhibit P8, I dispose of this writ petition directing the 2nd respondent to consider and pass orders on Exhibit P8 with notice to the petitioner. This shall be done as expeditiously W.P(C) No. 25941 of 2011 2 as possible, at any rate, within four weeks on production of a copy of this judgment. In the meanwhile status quo as on today shall be maintained in so far as the petitioner's building is concerned. Petitioner to produce a copy of the judgment along with a copy to the writ petition before the 2nd respondent for compliance. Sd/- ANTONY DOMINIC, JUDGE. Rkc //True copy// PA to Judge