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. 21861 of 2010(G) -------------------------- PETITIONER(S): --------------- 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.S.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. MRS. IRIS JOSE, W/O.JOSE AGED ABOUT 52 YEARS, C.C.XVI/1232, MALIAKKAL HOUSE, 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.21861 of 2010 --------------------------------- DATED THIS THE 13th DAY OF JULY, 2010 JUDGMENT The petitioners are aggrieved by Exhibits P6 and P7 proceedings issued by the Tribunal for Local Self Government Institutions. There is a further direction to direct the 1st respondent to hear the petitioners also before taking any decision in accordance with Exhibit P7 order passed by the Tribunal. 2. It is the case of the petitioners that on their complaint, an order was passed by the Corporation against the 3rd respondent as per Exhibit P5 against which the 3rd respondent approached the Tribunal without making the petitioners parties thereto. Presently the Tribunal has passed the following order: “......... The Secretary of the Corporation is directed to conduct proper local inspection with reference to the approved plan and permit relating to the building of the Appellant and to verify whether there are any unauthorised constructions and if so what are the provisions of law if any violated by the construction and how there are such violation and to prepare detailed report and to initiate fresh proper proceedings as W.P.(C)No.21861/10 -2- indicated in para * above U/s 406 of the Kerala Municipality Act, 1994 without any unnecessary delay if there is any reason for doing so.” It is prayed that before any action is taken by the Corporation to implement the said order, the petitioners may also be heard. 3. The learned Standing Counsel for the Corporation submitted that the petitioners will also be given an opportunity of being heard along with the 3rd respondent, before fresh orders are passed. The same is recorded. There will be a direction to respondents 1 and 2 to hear the petitioners also before fresh orders are passed in terms of the directions issued by the Tribunal for Local Self Government Institutions. Orders will be passed as above expeditiously and at any rate within two months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn