IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C). No. 31908 of 2010(K) ----------------------------------- PETITIONER: ------------------- GRAMEENA VAYANASALA ROAD RESIDENTS ASSOCIATION (GVRRA) REG. NO.ER 503/07, 33/2639-B, PONNURUNNI ROAD, PONNURUNNI EAST, VYTTILA P.O., KOCHI-682019 REPRESENTED BY ITS SECRETARY VIJU VINCENT, ANJIPARAMBIL, PONNURUNNI, VYTTILA, KOCHI-19. BY ADVS. SRI.SHAJI P.CHALY SRI.S.GOPAKUMAR SRI.R.SANJITH SMT.LIJITTA G.MATHEW RESPONDENTS: ---------------------- 1. THE SECRETARY, CORPORATION OF KOCHI. 2. THE SENIOR TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, KADAVANTHARA, ERNAKULAM. 3. THE INSTITUTE OF COST AND WORKS ACCOUNTANTS OF INDIA (ICWAI), COCHIN CHAPTER, ICWAI BHAVAN, JUDGES AVENUE, KALOOR, KOCHI-17, REPRESENTED BY ITS CHAIRMAN. * ADDITIONAL RESPONDENTS 4 & 5 ARE IMPLEADED:- R4. CORPORATION OF KOCHI, ERNAKULAM, KOCHI-11, REPRESENTED BY ITS SECRETARY R5. REGIONAL TOWN PLANNING OFFICE, KADAVANTHARA, ERNAKULAM, KOCHI-20, REPRESENTED BY ITS SENIOR TOWN PLANNER. * ADDITIONAL RESPONDENTS 4 AND 5 ARE IMPLEADED AS PER ORDER DATED 01.12.2010 IN I.A. NO.16410 OF 2010 R1, R2 & R4 BY ADV. SRI.PRAVEEN K. JOY R3 BY ADV.SRI.S.VINOD BHAT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.31908 OF 2010(K) A P P E N D I X PETIITONER'S EXHIBITS:- EXT.P1:- COPY OF THE PETITION DT. 13-10-2010. EXT.P2:- COPY OF THE RECEIPT DATED 14-10-2010. EXT.P3:- COPY OF THE BUILDING PERMIT DT. 29-3-2010. EXT.P4:- COPY OF THE APPROVED PLANNER EXT.P5:- ............ EXT.P6:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT TO ISSUE STOP MEMO AGAINST THE 3RD RESPONDENT. EXT.P7:- COPY OF THE ORDER OF THE RECEIPT ISSUED BY THE CORPORATION. EXT.P8:- COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER ASSOCIATION DATED 17/10/07. EXT.P9:- COPY OF THE MINUTES OF THE MEETING HELD ON 29/08/10. RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P.(C) No.31908 of 2010 ---------------------------------------- Dated this the 22nd day of March, 2011 J U D G M E N T In view of the order that I propose to pass in this writ petition, I do not think it necessary to go into the merits of the rival contentions. Feeling aggrieved by Exhibit P4 building permit granted to the second respondent, the petitioner herein has preferred Exhibit P1 objection before the 3rd respondent. Admittedly, the said objection is still pending consideration before the 3rd respondent and so far no action was taken thereon. 2. When this matter is taken up for consideration, the learned counsel appearing for the petitioner submitted that the petitioner may be permitted to confine his prayers to one for a direction to the first respondent to consider Exhibit P1 objection raised against Exhibit P4, after affording an opportunity of being heard. The learned counsel for the 3rd respondent submitted that, while considering the objection he may also be afforded an opportunity of being heard. W.P.(C) No.31908 of 2010 --2-- In the said circumstances, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the first respondent to consider Exhibit P1 objection raised against Exhibit P4 with notice to the petitioner as also the second respondent and pass orders thereon in accordance with law. This shall be done, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this Judgment. Sd/- C.T.RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK