IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 31349 of 2008(F) -------------------------- PETITIONER(S): --------------- B.RENJITH KUMAR, S/O.BHASKARAN, AGED 56 YEARS, 303 GOVIND APARTMENT, KALATHILPARAMBIL ROAD, COCHIN 682016. BY ADV. SRI.V.K.SUBRAMANIAN RESPONDENT(S): --------------- 1. SECRETARY, CORPORATION OF COCHIN, MAIN OFFICE, ERNAKULAM. 2. REVENUE OFFICER, CORPORATION OF COCHIN, MAIN OFFICE, ERNAKULAM. 3. THE ASST.EXE. ENGINEER, ZONAL OFFICE, EDAPPALLY. 4. THE SECRETARY TO GOVT., LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATI FOR R1 TO R3 GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.31349 OF 2008 ---------------------------------------- Dated this the 24th day of October, 2008 JUDGMENT The petitioner challenges Exts.P3 and P6 orders. Ext.P3 is an order, by the Cochin Corporation, whereby the petitioner's application for ownership certificate in respect of a building constructed by the petitioner has been rejected. Ext.P6 is a provisional order containing a proposal for directing the petitioner to demolish that portion of the building constructed by the petitioner in violation of the Kerala Municipality Building Rules. As far as the challenge against Ext.P3 is concerned, that cannot be considered now unless and until Ext.P6 is finalised. Ext.P6 is only a provisional order to which the petitioner can file objections on which the Corporation is liable to pass a final order. The petitioner's remedy lies in first clearing the objections raised in Ext.P6 and then seeking ownership certificate. Accordingly, this writ petition is disposed of with the following directions: W.P.(c)No.31349/08 2 The petitioner shall file objections to Ext.P6 within a period of one week and the Municipality shall pass final orders pursuant to Ext.P6 considering the objections to be filed by the petitioner and affording him an opportunity of being heard within a period of one month from the date of receipt of the objections to be filed by the petitioner. The petitioner can take up the question of issue of ownership certificate after final orders are passed pursuant to Ext.P6. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.31349/08 3