IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 972 of 2008(N) ------------------------------------ PETITIONERS: --------------------- 1. ANNIE ANTONY,AGED 45 YEARS,W/O.ANTONY .P.J., PEEDIACKAL HOUSE, NEAR KTH BAR, SOUTH KALOOR, COCHIN- 682 017. 2. LILLY GEORGE, W/O. GEORGE CHIRAKKAPARAMBU HOUSE, NEAR KTH BAR, SOUTH KALOOR, COCHIN- 682 017. 3. MOLLY FERNANDEZ, W/O. FERNANDEZ, MALIACKAL HOUSE,NEAR KTH BAR, SOUTH KALOOR, COCHIN- 682 017. 4. SALI BABY,W/O. BABY NEAR KTH BAR,SOUTH KALOOR, COCHIN- 682 017. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. CORPORATION OF COCHIN,REPRESENTED BY ITS SECRETARY, ERNAKULAM. 3. DESAI HOMES, REPRESENTED BY ITS PARNTER V.R.DESAI, AGED 50 YEARS, S/O.R.DESAI, D.D.VASTRA MAHAL, MARKET ROAD, COCHIN 682 011. 4. DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, ERNAKULAM. W.P.(C). NO.972/2008-N: 5. KERALA WATER AUTHORITY REPRESENTED BY EXECUTIVE ENGINEER, ERNAKULAM. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR, ADV. SRI.A.M.SHAFFIQUE (SR.) SRI.S.RAMESH BABU,SC, SRI.M.DINESH, SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.P.BENNY THOMAS, SRI.ANIL D. NAIR, SRI.K.JOHN MATHAI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.972/2008-N: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE PHOTOGRAPH. EXT.P.2: COPY OF THE PHOTOGRAPH. EXT.P.3: COPY OF THE ENQUIRY REPORT NO. SC-04/06/EKM. DTD. 14/06/2006 OF THE R.4. EXT.P.4: COPY OF THE NOTICE NO. MO.P5/27833/2006 DTD. 27/10/2006 ISSUED BY THE R.2. EXT.P.5: COPY OF THE EXPLANATION DTD. 28/10/2006 SUBMITTED BY THE R.3. BEFORE THE R.2. EXT.P.6: COPY OF THE JUDGMENT DTD. 18/07/2007 PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO. 20213/07. EXT.P.7: COPY OF THE NOTICE NO. MIOP.5-27833/2006 DTD. 11/10/2007 ISSUED BY THE TOWN PLANNING OFFICER TO THE P.1. EXT.P.8: COPY OF THE ARGUMENT NOTE DTD. 07/09/2007 SUBMITTED BY THE PETITIONERS BEFORE THE TOWN PLANNING OFFICER. EXT.P.9: COPY OF THE ORDER NO. M.O.P.5-27833/06 DTD. 18/12/2007 OF THE R.2. EXT.P.10: COPY OF THE BUILDING PERMIT NO. MOP.5.26/2005 DTD. 03/06/2006 ISSUED BY THE R.2. EXT.P.11: COPY OF THE DOCUMENT NO. 3507/1991 DTD. 16/10/1991. EXT.P.12: COPY OF THE DOCUMENT NO. 1066/1998 DTD. 24/03/1998. EXT.P.13: COPY OF THE DOCUMENT NO. 4077/1993 DTD. 15/09/1993. EXT.P.14: COPY OF THE CIRCULAR NO. 24136/R.A1/107/LSD DTD. 20/06/2007. RESPONDENT'S EXHIBITS: EXT.R3.A: COPY OF THE SITE PLAN WAS APPROVED BY THE R.2. EXT.R3.B: COPY OF THE SHOW CAUSE NOTICE DTD. 27/10/2006 ISSUED BY THE R.2. TO THE R.3. W.P.(C). NO.972/2008-N: EXT.R3.C: COPY OF THE EXPLANATION DTD. 28/10/2006 PREFERRED BY THE R.3. BEFORE THE R.2. CORPORATION. EXT.R3.D: COPY OF THE COMMUNICATION DTD. 20/09/2007 ISSUED BY THE GCDA. EXT.R3.E: COPY OF THE EXTRACT OF THE RELEVANT AREA OF THE SKETCH DRAWING THE DPI SCHEME FOR INTERNATIONAL STADIUM, KALOOR OF ELAMKULAM VILLAGE. EXT.R3.F: COPY OF THE RELEVANT EXTRACT REPORT FORWARDED BY THE CHIEF TOWN PLANNER AND SENIOR TOWN PLANNER (VIGILANCE) DTD. 03/10/2007 TO THE GOVERNMENT ALONGWITH THE COVERING LETTER DTD. 31/12/2007. EXT.R3.G: COPY OF THE PETITION FOR EXTENSION OF TIME ALONG WITH AFFIDAVIT DTD. 06/10/2007 FILED BY THE OFFICER-IN-CHARGE OF SECRETARY, CORPORATION OF COCHIN IN W.P.(C).20213/2007. EXT.R3.H: COPY OF THE JUDGMENT IN W.P.(C). NO. 33859/2007-E OF THIS HON COURT DTD. 08/01/2008. EXT.R3.I: COPY OF THE AGREEMENT FOR SALE DT. 22/02/2008. EXT.R3.J: COPY OF THE RELINQUISHMENT OF LAND IN FORM A AND FORM B DTD. 22/02/2008. EXT.R3.K: COPY OF THE SALE DEED NO. K122/07 OF SUB REGISTRY OFFICE, ERNAKULAM DTD. 06/12/2007. EXT,R3.L: COPY OF THE SALE DEED NO. 8404 OF SUB REGISTRY OFFICE, ERNAKULAM DTD. 29/12/2007. EXT.R3.M: COPY OF THE RELINQUISHMENT OF LAND IN FORM A AND FORM B SIGNED BY MR. MARIAN JOSEPH PIUZ DTD. 22/02/2008. EXT.R3.N: COPY OF THE RELINQUISHMENT OF LAND IN FORM A AND FORM B SIGNED BY MRS. MARY ISABELLA. EXT.R3.O: COPY OF THE RELINQUISHMENT OF LAND IN FORM A AND FORM B SIGNED BY FR. ANTONY FRANCIS. EXT.R3.P: COPY OF THE AGREEMENT FOR SALE DT. 22/02/2008. EXT.R3.Q: COPY OF THE ROUGH SKETCH OF THE ROAD. //TRUE COPY// prv. PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 972 of 2008 ---------------------------------- Dated this the 13th day of March , 2008 JUDGMENT This Writ Petition has been filed by the petitioners challenging Ext.P9 order issued by the Secretary of the Cochin Corporation turning down the complaints raised by the petitioners against the building permit, which has been given by the Corporation to the third respondent for construction of a high rise building in a plot situated adjacent to the residential properties of the petitioners. 2. After hearing the learned counsel for the parties viz. Sri.T.M.Abdul Latiff the learned counsel for the petitioner, Sri.A.M.Shaffique the learned senior counsel for the third respondent, Sri.M.Dinesh, the learned Standing Counsel for the Kerala Water Authority, Sri.S.Ramesh Babu, the learned Standing Counsel for the Cochin Corportion and Sri.K.J.Muhammed Anzar the learned Government Pleader extensively, I have passed an WPC No972/2008 2 interim order indicating the reasons as to why I am not inclined to interfere with Ext.P9. Under that interim order, I have appointed an arbitrator for determining the compensation which will have to be paid by the builder to the petitioners for damages already sustained and may be sustained by the petitioners on various counts on account of the construction of the building. In view of the reasons stated in that interim order, I am inclined to sustain Ext.P9 and dispose of the writ petition in view of the interim order already passed. PIUS C. KURIAKOSE, JUDGE. dpk