IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5736 of 2008(G) ------------------------- PETITIONER: ------------ SAEED ABOOBACKER SYRAAB ANDAMUKKAM KOLLAM DISTRICT BY ADV. SRI.M.P.ASHOK KUMAR SRI.S.A.ABDUL SALEEM RESPONDENTS: ------------- 1. CORPORATION OF KOLLAM KOLLAM DISTRICT REP. BY ITS SECRETARY 2. THE TOWN PLANNING OFFICER CORPORATION OF KOLLAM KOLLAM DISTRICT BY ADV.SRI.M.K.CHANDRAMOHANDAS, SC, KOLLAM CORP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.5736 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2008 JUDGMENT Adv.Sri.M.K.Chandramohandas takes notice on behalf of the respondent. Sri.M.P.Ashok Kumar, learned counsel for the petitioner submits that Ext.P9 is beyond the jurisdictional competence of the Town Planning Officer and the power is statutorily vested with the Secretary of the Panchayat. Sri.M.K.Chandramohandas submits that Ext.P9 only informs the petitioner that unless he complies with the direction therein, the Corporation will initiate action under Section 406. If the petitioner is not inclined to comply with the directions contained in Ext.P9, the worst that will happen is that he will be issued with notice under Section 406(1) which will be issued by the Secretary. I record the above submission and dispose of the writ petition directing the Corporation not to enforce the directions contained in Ext.P9 till final order under Section 406(3) is issued by the Secretary. It is needless to mention that before passing final order under Section 406 WPC.No.5736/08 2 (3), an opportunity of hearing should be given to the petitioner. It is open to the petitioner to contend in response to the show cause notice ( if such notice is received) that his application for regularisation has been rejected by an incompetent person. PIUS.C.KURIAKOSE JUDGE sv. WPC.No.5736/08 2