IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27692 of 2008(V)
1. THOTTUMPADY MUSLIM JAMA - ATH,
... Petitioner
Vs
1. V.S. RAMAKRISHNAN, S/O. SANKUNNY,
... Respondent
2. N.K. RADHAMANI, W/O. V.S. RAMAKRISHNAN,
3. CORPORATION OF COCHIN, PARK AVENUE,
4. THE TOWN PLANNING OFFICER,
For Petitioner :SRI.GEORGE THOMAS (MEVADA)
For Respondent :SRI.S.SREEKUMAR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/10/2008
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.27692 of 2008
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Dated this the 16th day of October, 2008
J U D G M E N T
Respondents 1 and 2 are making some construction in a
property adjacent to the property of the petitioner. The petitioner
filed complaints against such construction activities before
respondents 3 and 4. Respondents 3 and 4 issued Ext.P3 stop
memo. Since, in spite of the stop memo, respondents 1 and 2
allegedly continued construction activities, the petitioner filed
Ext.P4 representation before the 3rd respondent. The petitioner
seeks the following reliefs in this writ petition:
“(i) Issue a writ of mandamus or such or writ or direction
compelling respondents 3 and 4 to dispose of the Exhibit P4
representation of the petitioner in accordance with law.
(ii) Declare that respondents 1 and 2 cannot continue the
construction, violating the Stop Memo issued under Section 408(1) of
the Municipalities Act.”
2. After hearing all the parties, a consensus has been
arrived at to the effect that since respondents 1 and 2 have
already filed their objections to the stop memo, 3rd respondent
can pass final orders in the matter and that till passing of final
orders, respondents 1 and 2 will not make any further
w.p.c.27692/08 2
constructions. Accordingly, the writ petition is disposed of with
the following directions:
The 3rd respondent shall pass final orders pursuant to Ext.P3
taking into account Ext.P4 filed by the petitioner also and the
objections of respondents 1 and 2, after affording an opportunity
of being herd to the petitioner as well as respondents 1 and 2.
The petitioner as well as respondents 1 and 2 shall appear before
the 3rd respondent on 23.10.2008 at 11 a.m for hearing. On that
date, the 3rd respondent shall hear all parties and pass orders
within another week therefrom. Needless to say, respondents 1
and 2 shall not conduct any construction activities in the property
in question till final orders are so passed.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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