IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 WA.No. 945 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11511/2008 Dated 10/04/2008 .................... APPELLANT: ----------- ALLIANCE PRIME ROSE RELATORS, REPRESENTED BY ITS MANAGING PARTNER, 102 PIONEER TOWERS,MARINE DRIVE, ERNAKULAM,COCHIN. BY ADV. SRI.P.CHANDRASEKHAR SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA RESPONDENTS: ------------- 1. DR. VARGHESE MUNDACKAL, SUMMER CASTLE APPT., 11B, SWARGAM ROAD, ALWAYE. 2. CHENGAMANADU GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, CHENGAMANDU,NEDUMBASSERY P.O., ALWAYE. 3. THE GREATOR COCHIN DEVELOPMENT AUTHORITY ,REPRESENTED BY SECRETARY, ERNAKULAM, COCHIN. 4. MINISTRY OF LOCAL ADMINISTRATION, REPRESENTED BY SECRETARY, SECRETARIAT, TRIVANDRUM. 5. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 6. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANADU, ERNAKULAM. 7. KERALA COSTAL ZONE MANAGEMENT AUITHORITY RPESENTED BY MEMBER SECRETARY,SASTHRA BHAVAN,PATTO PATTOM TRIVANDRUM. R1 BY ADV. SRI.P.N.GOPALAKRISHNAN NAIR R2 BY ADV. SRI.C.M.SURESH BABU R3 BY ADV. SRI.P.R.R.MENON R4 TO R6 BY G.P. SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & ANTONY DOMINIC, JJ. .................................................................... Writ Appeal No.945 of 2008 .................................................................... Dated this the 22nd day of April, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and counsel appearing for respondents 1, 2, 3 and the Government Pleader at admission stage itself. The appellant's case is that substantial portion of the multi-storied building complex is already constructed and balance is only finishing work. The learned Single Judge in the impugned order has also clarified that appellant is free to continue construction at it's risk and cost. In view of this observation, we modify the interim order directing the Panchayat not to issue any Stop Memo against completion of work by the appellant. The appellant is free to proceed with construction at their own risk. Parties can move for early hearing of the W.P.(C). Panchayat can file counter stating objection against the construction. The Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge ANTONY DOMINIC Judge pms