IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 30006 of 2009(U) -------------------------- PETITIONER(S): --------------- MEMON ABOOBAKKER SAIT, XIV/416, SANTO GOPALAN ROAD, KOCHI-5. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, COCHIN. 2. ASSISTANT EXECUTIVE ENGINEER CORPORATION OF COCHIN, ZONAL OFFICE, FORT KOCHI. BY ADV. SMT.M.K.PUSHPALATHA,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30006 OF 2009 ------------------------------------------- Dated this the 6th day of November, 2009 JUDGMENT Read orders dated 23.10.2009 and 3.11.2009. Learned counsel for the corporation states that though an inspection was conducted, it was not with notice to the petitioner. That essentially forks the sustainability of the impugned decision more so because the issue in hand raises mixed questions of fact and law. Accordingly, it is ordered that the petitioner will be heard again in the matter and a site inspection will be conducted with notice to him and a decision rendered, stating reasons thereof, so that if the petitioner is still aggrieved, he could carry it before the competent statutory forum. Until then, no action shall be taken against the petitioner. Let the aforesaid be done within a period of one month. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.10/11.