IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 34165 of 2008(P) -------------------------- PETITIONER(S): --------------- KARUNAKARAN.L, KONOTH KIZHAKKUMKARA PUTHENVEEDU, SATYAN NAGAR ESTATE.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 3. K.VIJAYAN, KONOTH KIZHAKKUMKARA PUTHENVEEDU, SATYAN NAGAR ESTATE.P.O, THIRUVANANTHAPURAM. ADV. SRI. P.K. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 34165 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th December, 2008. J U D G M E N T The petitioner runs a tea shop. Adjacent to the tea shop, there was a thatched shed. The petitioner tried to change the roofing of that shed by putting aluminum sheets. On the complaint of the 3rd respondent, the 2nd respondent took steps to demolish the same. In the above circumstances, the petitioner filed Ext. P3 representation before the 2nd respondent seeking permission to put up a shed for keeping the materials necessary for the tea shop. The petitioner seeks a direction to the 2nd respondent to consider and pass orders on the same. 2. Learned standing counsel for the 2nd respondent submits that the petitioner earlier made an unauthorised construction and by Ext. P2, the Ombudsman for Local Self Government Institutions directed demolition of the same, which has been so demolished. The petitioner now wants to construct another shed on the same spot, which cannot now be permitted. Having heard both sides, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext. P3 in accordance with the provisions of the Kerala Municipality Act expeditiously. I make it clear that I have not considered the merits of the contentions of the parties, including the maintainability of Ext. P3. It is open to the 2nd respondent to decide the entire issue in accordance with law. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.