IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 RP.No. 469 of 2008(D) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25445/2007 Dated 14/11/2007 .................... PETITIONER IN THE WRIT PETITION(C): ---------------------------------------------------- ABDUL RASHEED, AGED 48 YEARS, S/O.MR.ABDUL KHADER KUTTY, RESIDING AT HAZNA COTTAGE, CHERAVALLY, NEAR FACT, KAYAMKULAM P.O, ALAPPUZHA DISTRICT, PIN CODE NO.690 502. BY ADV. SRI.TPM.IBRAHIM KHAN (SR. ADV) RESPONDENTS: RESPONDENTS IN THE WRIT PETITION(C): ------------------------------------------------- 1. THE KAYAMKULAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KAYAMKULAM MUNICIPALITY, KAYAMKULAM P.O., ALAPPUZHA DISTRICT. 2. ABBAS KUNJU, AGED 40 YEARS, S/O.THAHAKUTTY, KALLARACKAL HOUSE, KAYAMKULAM VILLAGE, KAYAMKULAM MURI, ALAPPUZHA. BY ADV. SRI.RAYA SHENOI,SC,KAYAMKULAM MUNICIPAL FOR R1 SRI.S.SHANAVAS KHAN FOR R2 SMT.S.INDU FOR R2 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE, J ============== R.P.No. 469 OF 2008 ==================== Dated this the 25th day of July, 2008. O R D E R Heard Mr.T.P.M.Ibrahim Khan and Mr. R.Raya Shenoi. Mr.T.P.M.Ibrahim Khan submits that the petitioner intends to apply to the Municipality for regularisation of the construction and that leave may be given for making such application. Mr. Shenoi would submit that in the counter affidavit itself it has been stated that because of the pendency of the litigations between the parties, the Municipality is unable to consider even the request for regularisation. Under the above circumstances, the review petition is dismissed as withdrawn. If the petitioner files an application for regularisation before the Municipality within two weeks from today, the Municipality will consider the application, hear the petitioner and take a correct decision on the same, as early as possible, at any rate, within one month from filing of the application. PIUS C.KURIAKOSE, JUDGE bkn/-