IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(C).No. 21812 of 2010(B) -------------------------- PETITIONERS: --------------- 1. MR.K.S.SHABEER, AGED 36 YEARS, S/O.K.K.SHERIEF, C.C.NO.II/515, CALVATHY, FORTCOCHIN-682 001. 2. MR.M.S.SHAMEER, AGED 37 YEARS, S/O.K.K.SHERIEF, C.C.NO.II/515, CALVATHY, FORTCOCHIN-682 001. 3. MR.K.K.SHAJAHAN @ SHAJI, AGED 38 YEARS, S/O.K.K.SHERIEF, C.C.NO.II/515, CALVATHY, FORTCOCHIN-682 001. BY ADV. SRI.M.A.ASIF RESPONDENT(S): --------------- 1. SECRETARY, CORPORATION OF COCHIN, PARK AVENUE, KOCHI-682 011. 2. ADDITIONAL SECRETARY, CORPORATION OF COCHIN, PARK AVENUE, KOCHI-682 011. 3. MR.SOMANATHAN, AGED 57 YEARS, S/O.AYYAMMA, H.NO.XVI/1245, KORASSERRY PARAMBU, THOPPUMPADY, KOCHI-682 005. BY GOVT.PLEADER SHRI S.RAMESH BABU FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.21812 of 2010 B --------------------------------- DATED THIS THE 13th DAY OF JULY, 2010 JUDGMENT The petitioners are seeking for various reliefs in the Writ Petition including the one for issuance of a writ of certiorari quashing Exhibits P7 and P8 proceedings. Alternatively, it is also prayed that a direction may be issued to the 1st respondent to hear the petitioners also before taking any decision in accordance with Exhibit P7 order passed by the Tribunal for Local Self Government Institutions. 2. Exhibit P7 is an order passed by the Tribunal in an appeal filed by the 3rd respondent herein. The operative portion of the order shows that the Tribunal has set aside the order dated 8.2.2010 of the Additional Secretary of the Cochin Corporation. The further direction issued by the Tribunal is as follows: “The Secretary is directed to conduct proper local inspection with reference to the records relating to the building of Appellant and to verify whether there are any unauthorised constructions and if so what are the provisions of law if any violated by the constructions and how there are such violations and to prepare detailed report and to initiate fresh proper proceedings as indicated in paragraph 8 above, under Section 406 of the Kerala Municipality Act, without any unnecessary delay, if there are any reasons for doing so.” W.P.(C)No.21812/10 -2- 3. The learned counsel for the petitioner submitted that the petitioners are satisfied, if an opportunity is given to the petitioners also to appear and submit their objections before the Secretary in terms of the directions issued by the Tribunal. It is pointed out that the petitioners have filed complaints against the 3rd respondent, which lead to the passing of the order by the Corporation. It is pointed out that they were not made parties before the Tribunal. It is further pointed out that the petitioners had moved the Tribunal seeking to review the order which was dismissed by Exhibit P8. 4. The learned Standing Counsel for the Corporation submitted that the petitioners will also be given an opportunity before fresh orders are passed. The same is recorded. There will be a direction to respondents 1 and 2 to hear the petitioners and the 3rd respondent before fresh orders are passed in terms of the directions issued by the Tribunal for Local Self Government Institutions. The Writ Petition is disposed of as above. dsn T.R.RAMACHANDRAN NAIR, JUDGE