IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 4055 of 2010(F) ------------------------- PETITIONER(S): --------------- LEADER PROPERTIES AND ESTATES PRIVATE LIMITED, REGISTERED OFFICE DOOR NO.935, GKS TOWER, GROUND FLOOR ANNEX, EVR PERIYAR SALAI, CHENNAI-600 084, REP. BY ITS DIRECTOR, MOHAMMED SHABEEN, S/O LATE ABDULLAKUTTY, AGED 26 YEARS, NELLAYAPUTHENPEEDIKAKKAL HOUSE, THEZHEKKODE P.O., PERINTHALMANNA, MALAPPURAM BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.VISWANATHA IYER SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. CORPORATION OF KOCHI, REP. BY ITS SECRETARY, ERNAKULAM, KOCHI 682 024 2. THE ADDITIONAL SECRETARY, CORPORATION OF KOCHI, ERNAKULAM, KOCHI-682 011 BY SC SRI.S.RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.4055 of 2010 -------------------------- Dated, this the 8th day of February, 2010 JUDGMENT 1. The challenge in the writ petition is against Ext.P2, an order passed by the 2nd respondent, exercising his powers under Section 406(3) of the Kerala Municipality Act, 1994, directing demolition of a portion of the structure mentioned therein. Petitioner submits that although a statutory remedy is available, since only three days' time is given for compliance with the directions in Ext.P2, there is every chance that the order will be implemented before they are able to pursue their appellate remedies. 2. I heard the learned counsel appearing for the respondents. 3. Having regard to the limited period prescribed in Ext.P2 for compliance with the directions therein, the apprehension of the petitioner, as noticed above, cannot be misplaced. Therefore, it is only appropriate that for a reasonable time, Ext.P2 should be deferred so that the petitioner can pursue statutory remedies W.P.(C).4055/10 2 before the Tribunal for Local Self Government Institutions. Therefore the writ petition is disposed of with the following directions. 4. Ext.P2 order issued by the 2nd respondent, shall be deferred for a period of three weeks from today. In the meantime, it will be open to the petitioner to pursue the statutory remedies available and seek appropriate interlocutory orders. ANTONY DOMINIC, Judge mrcs