IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 29746 of 2006(N) --------------------------------------- PETITIONER: ------------------- K.I. DEVAPRASAD, AGED 63, S/O. ITTAMAN, KARIYAPARAMBIL HOUSE,AYYAPPANKAVU, ERNAKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.VIJAYAN MANNALY. RESPONDENTS: ----------------------- 1. CORPORATION OF COCHIN, REPRESENTED BY THE SECRETARY,CORPORATION OF KOCHI, KOCHI CORPORATION OFFICE, PARK AVENUE, KOCHI-11. 2. TOWN PLANNING OFFICER, CORPORATION OF COCHIN, KOCHI CORPORATION OFFICE, PARK AVENUE, KOCHI-11. *ADDL.R3. P.R. KAILAS, SWAGATH KARIYAPARAMBIL, AYYAPPANKAVU, KOCHI-18. *IS IMPLEADED AS ADDL.R3. AS PER THE ORDER DATED 04/12/06 IN I.A. NO. 16486/06. ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATION FOR R1 & R2, ADV. SRI.M.S.UNNIKRISHNAN FOR ADDL.R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29746/2006-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITION DTD. 07/04/2004 SUBMITTED BY PETITIONER BEFORE THE RESPONDENTS. EXT.P.2: COPY OF THE PETITION SUBMITTED TO THE R.1. DTD. 13/04/2004 BY PETITIONER. EXT.P.3: COPY OF THE NOTICE NO.M.O.P7/128/04 ISSUED TO THE PETITIONER BY THE ASST. EXECUTIVE ENGINEER, KOCHI CORPORATION DTD. 28/04/06. EXT.P.4: COPY OF THE STATEMENT BEFORE THE R.1. SUBMITTED BY PETITIONER DTD. 04/05/2006. EXT.P.5: COPY OF THE FINAL ORDER ISSUED BY THE R.1. DTD. 04/07/2006 NO. M.O. P.7- 128/04 (U). EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE R.1. DTD. 22/08/2006. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE R.2. DTD. 09/10/2006. EXT.P.8: COPY OF THE LETTER ISSUED BY THE DEPUTY SECRETARY AND INFORMATION OFFICER, COCHIN CORPORATION DTD. 02/01/2007 TO THE PETITIONER NO. P.10.031391/06. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 29746 of 2006 ----------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- b) To issue a writ of mandamus or other appropriate writ, order or direction, commanding the respondents to implement the order Ext.P5 demolishing the unauthorised illegal construction on Building Number 43/573 of Kochi Corporation. It is seen from the affidavit filed by the additional 3rd respondent that the review petition dated 16-11-2006 is pending before the first respondent. There will be a direction to the first respondent to consider the matter with notice to the petitioner and the additional 3rd respondent and take appropriate action in accordance with law within a period of four months from the date of production of a copy of this judgment. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.29746 of 2006 ----------------------------------- JUDGMENT 19th September, 2008