IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 16013 of 2008(F) -------------------------- PETITIONER: -------------- VISWALEKSHMYAMMA B., W/O.RADHAKRISHNAN NAIR.P., LEKSHMI VILAS, T.C.40/700, SOUTH FORT, MANACAUD P.O. THIRUVANANTHAPURAM. BY ADV. SRI.KKM.SHERIF SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENTS: ----------------- 1. CORPORATION OF THIRUVANANTHAPURAM THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE TOWN PLANNING OFFICER, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 3. THE BUILDING INSPECTOR, CORPORATION OF THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 4. THE ASSISTANT COMMISSIONER OF POLICE, THIRUVANANTHAPURAM FORT, THIRUVANANTHAPURAM. 5. THE CIRCLE INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. WPC 16013/08 -2- 6. SYRIL.Y., MINI NIVAS, CHAKKOTTUKONAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 7. MINI, W/O.SYRIL.Y., MINI NIVAS, CHAKKOTTUKONAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) FOR R1 TO 3 SRI.P.K.MANOJKUMAR FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16013/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REPRESENTATION DTD.22.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE COMPLAINT DTD. 23.5.2008. EXT.P3: TRUE COPY OF the PHOTOGRAPHS (4 NOS.) EVIDENCING THE SAID CONSTRUCTIONS. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. =============== W.P.(C) NO. 16013 OF 2008 F ==================== Dated this the 7th day of July, 2008 J U D G M E N T The allegation in this writ petition is that respondents 6 and 7 are making constructions without a permit issued by the respondent Corporation as contemplated under the Kerala Municipality Building Rules, 1999. According to the petitioner, the construction so undertaken is even ignoring a stop memo issued by the Corporation. Counsel for the Corporation submits that noticing the construction undertaken by respondents 6 and 7, they have issued a stop memo on 13/5/2008 and an order under Section 406(1) on 31.5.2008. It is stated that thereafter notice has been issued to respondents 6 and 7 and that considering their reply to the notice, final orders will be passed. Though counsel appearing for respondents 6 and 7 seeks to justify the construction that they have commenced, he also accepts the fact that order under Section 406(1) has been issued by the Corporation on 31/5/2008. In view of the factual position as above, what is required to be done is that the Corporation should take a final decision in this matter in pursuance to the preliminary order dated 31/5/2008. WPC 16013/08 :2 : 2. Accordingly, the writ petition is disposed of directing that the Corporation shall take a final decision in pursuance to the preliminary order dated 31/5/2008 with notice to respondents 6 and 7 and taking into account the contentions raised by them. This shall be done, as expeditiously as possible, at any rate within 4 weeks of receipt of a copy of this judgment. Counsel for the petitioner complains that despite the stop memo and the preliminary order, respondents 6 and 7 are still continuing construction. This certainly is a matter for the Corporation to take note and if there is any substance in what is complained of by the petitioner, appropriate remedial action shall be taken by the Corporation. ANTONY DOMINIC, JUDGE Rp