IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 11510 of 2010(S) -------------------------------------- PETITIONER(S): ---------------------- 1. M.M.AJAY KUMAR,S/O.LATE M.K.MADHAVAN, AGED 43,PARTNER,SHIRE HOMES,PARTNERSHIP FIRM HAVING REGD.OFFICE AT 10/259,T.K.MADHAVAN MEMORIAL BUILDING,NATTAKOM,KOTTAYAM. RESIDING AT:MATHIRAKKALAYIL HOUSE,ETTUMANOOR.P.O, KOTTAYAM. 2. JOMON.P.KURIAKOSE,S/O.P.V.KURIOKOSE, AGED 36,PARTNER,SHIRE HOMES,PARTNERSHIP FORM HAVING REGD.OFFICE AT 10/259,T.K.MADHAVAN MEMORIAL BUILDING RESIDING AT PERALAKAMATTATHIL HOUSE, KURUMULLOOR.P.O,KANNAKARI VILLAGE,MEENACHAL TALUK. BY ADV. SRI.E.M.MURUGAN SRI.K.A.RIYAS RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP.BY CHIEF SECRETARY,SECRETARIATE, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE,KOTTAYAM WEST POLICE STATION,KOTTAYAM. 3. P.V.ABRAHAM,AGED ABOUT 69 YEARS, S/O.P.J.VARGHESE,POOVAKULAM,VELOOR.P.O, KOTTAYAM. 4. SANAL,KANAKKALIL,VELOOR.P.O, KOTTAYAM. 5. JYOTHIKUMAR K.G., KOCHU KANAKKALIL, VELOOR.PO,KOTTAYAM. 6. SOMAN, ARAVUKANDAM, ,VELOOR.P.O,KOTTAYAM. 7. SURESH.P.S,VELLOOR.P.O,KOTTAYAM. 8. SURESH P.S, VELOOR PO., KOTTAYAM. R3 TO R7 BY ADV. SRI.V.V.ASOKAN FOR R3-7 SRI.K.S.SAJEEV KUMAR R1 & R2 BY GOVERNMENT PLEADER SRI.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11510 OF 2010 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1.PHOTOCOPY OF THE SALE DEED NO.158/2008 OF SRO KOTTAYAM. EXT.P2.PHOTOCOPY OF SKETCH OF THE PROPERTY. EXT.P3.PHOTOCOPY OF INSURANCE POLICY ISSUED BY THE NEW INDIA ASSURANCE COMPANY DATED 15.3.2010. EXT.P4.PHOTOCOPY OF NOC ISSUED BY ONE OF THENEIGHBORS TO THE PETITIONER'S PROPERTY. EXT.P5.PHOTOCOPY OF MEMO TO STOP CONSTRUCTION. EXT.P6.PHOTOCOPY OF STAY ORDER ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT. EXT.P7. PHOTOCOPY OF LETTER ISSUED BY THE MUNICIPAL COUNCIL DATED 24.3.2010. EXT.P8.PHOTOCOPY OF PETIITON PREFERRED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P9. PHOTOCOPY OF RECEIPT OF THE COMPLAINT ISSUED BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R3A.PHOTOGRAPH SHOWING THE CRAKS DEVELOPED IN THE BUILDING. EXT.R3B. PHOTOGRAPH SHOWING THE CRAKS DEVELOPED IN THE BUILDING. EXT.R3C. PHOTOGRAPH SHOWING THE CRAKS DEVELOPED IN THE BUILDING. EXT.R3D. PHOTOGRAPH SHOWING THE CRAKS DEVELOPED IN THE BUILDING. EXT.R3E. TRUE COPY OF THE STOP MEMO ISSUED BY THE MUNICIPAL ENGINEER. EXT.R3F. TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER. EXT.R3G. TRUE COPY OF THE MINUTES OF THE JOINT MEETING. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.11510 of 2010-K ---------------------------------------------- Dated, this the 17th day of May, 2010 J U D G M E N T K.M.Joseph, J. This writ petition is filed in connection with the construction of a flat. 2. We heard the learned counsel for the parties. The party respondents have produced Ext.R3(g) which appears to be the compromise arrived at between the parties. It is also submitted that this is actually not brought to the notice of the Court. Learned counsel for the petitioners submits that in the light of Ext.R3 (g) no further orders are necessary. We take note of Ext.R3(g) and dispose of the writ petition. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS