IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26706 of 2008(D) -------------------------- PETITIONER: ------------ MUMCY GEORGE, AGED 52, W/O. V.S. GEORGE, VALIPLAKAL, NANNUVAKKADU, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. SRI.P.J.VINOD JOSEPH RESPONDENTS: ------------- 1. THE SECRETARY, ELANTHOOR GRAMA PANCHAYAT, ELANTHOOR P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, TRIVANDRUM. R1 BY S.C. MR. SIBY MATHEW. R2 BY GOVT. PELADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 26706 OF 2008 D = = = = = = = = = = = = = = = = = Dated this the 3rd day of September 2008 J U D G M E N T Heard both sides. 2. The challenge in this writ petition is against Ext. P10. By this order petitioner has been called upon to show cause why order should not be passed for demolition of a building which has been fully constructed. The reason stated in Ext. P10 is violation of the Kerala Municipality Building Rules. Though it is the contention of the petitioner that the construction has been undertaken on the strength of Ext. P2 permit and that there is no violation as alleged, I do not think it necessary to enter into an adjudication of that contention at this stage. This is for the reason that by Ext. P11, petitioner has already filed his explanation to Ext. P10 and therefore it is for the 1st respondent to consider the matter in the light of Ext. p11 and take a decision. This the 1st respondent shall do with notice to the petitioner and after affording an opportunity of hearing as expeditiously as possible. It is directed that until final W.P.(C) No. 26706 OF 2008 -2- orders are passed on Ext. P11 and communicated to the petitioner further proceedings pursuant to Ext. P10 shall be kept in abeyance. Depending upon the order to be passed on Ext. P11, Ext. P8 application made by the petitioner shall also be considered and orders passed. ANTONY DOMINIC JUDGE jan/-