IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1038 of 2010()
1. THE SECRETARY,
... Petitioner
2. MARANCHERRY GRAMA PANCHAYATH,
Vs
1. K.M.SUBHASH, S/O.UNNIKRISHNA MENON,
... Respondent
2. THE TRIBUNAL FOR LOCAL SELF
For Petitioner :SRI.T.SETHUMADHAVAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :02/07/2010
O R D E R
J.Chelameswar, C.J. & P.N.Ravindran, J.
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W.A. No.1038 of 2010
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Dated this the 2nd day of July, 2010
JUDGMENT
J.Chelameswar, C.J.
Aggrieved by an interim order dated 15th February,
2010 in I.A.No.443 of 2010 in W.P.(C) No.31469 of 2008 the first
respondent in the writ petition preferred the instant writ appeal.
2. The issue in the writ petition is whether the
construction made by the writ petitioner/first respondent herein is
in accordance with law. According to the appellant, the
construction is required to be in accordance with the regulations of
the Kerala Municipality Act and the Building Rules made
thereunder. It appears that there is some dispute regarding the
applicability of the said Act and the Rules. Whatever be the legal
position, it is required to be decided in the writ petition.
3. By the order under appeal the learned Judge of this
Court directed the appellant herein to provisionally number the
W.A.No.1038 of 2010
2
building. It is also made clear that such provisional numbering of
the building will be subject to the result of the writ petition. In the
circumstances, we do not see any irreparable damage or injury that
can be caused to the appellant to sustain a ground of challenge or
to interfere with the interim order passed by the learned Judge. In
the circumstances, we do not see any merit in the writ appeal and it
is dismissed at the admission stage.
J.Chelameswar,
Chief Justice
P.N.Ravindran,
Judge
vns