IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WA.No. 1038 of 2010 ----------------------- AGAINST THE ORDER IN IA NO.443/2010 IN WPC.31469/2008 Dated 15/02/2010 .................... APPELLANTS/RESPONDENTS 1 & 2/RESPONDENTS 1 & 2 -------------------------------------------------------------- 1. THE SECRETARY, MARANCHERRY GRAMA PANCHAYATH, MARANCHERRY, MALAPPURAM DISTRICT. 2. MARANCHERRY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MARANCHERRY, MALAPPURAM DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS/PETITIONER & RESPONDENT NO.3 ------------------------------------------------------- 1. K.M.SUBHASH, S/O.UNNIKRISHNA MENON, RESIDING AT C 12, 4TH FLOOR, PENTIUM GARDENS, RAJEEV NAGAR, KOZHIKODE. 2. THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. R1 BY ADV.SRI.V.V.SURENDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.1038 of 2010 ------------------------------------------ Dated this the 2nd day of July, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by an interim order dated 15th February, 2010 in I.A.No.443 of 2010 in W.P.(C) No.31469 of 2008 the first respondent in the writ petition preferred the instant writ appeal. 2. The issue in the writ petition is whether the construction made by the writ petitioner/first respondent herein is in accordance with law. According to the appellant, the construction is required to be in accordance with the regulations of the Kerala Municipality Act and the Building Rules made thereunder. It appears that there is some dispute regarding the applicability of the said Act and the Rules. Whatever be the legal position, it is required to be decided in the writ petition. 3. By the order under appeal the learned Judge of this Court directed the appellant herein to provisionally number the W.A.No.1038 of 2010 2 building. It is also made clear that such provisional numbering of the building will be subject to the result of the writ petition. In the circumstances, we do not see any irreparable damage or injury that can be caused to the appellant to sustain a ground of challenge or to interfere with the interim order passed by the learned Judge. In the circumstances, we do not see any merit in the writ appeal and it is dismissed at the admission stage. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns