IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 760 of 2010(T)
1. N. THANKAMONY, SADAN SARA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SECRETARY,
3. THE BUILDING INSPECTOR,
For Petitioner :DR.K.P.SATHEESAN
For Respondent :SRI.N.J.JOHNSON
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/02/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.760 of 2010 (T)
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Dated, this the 25th day of February, 2010
J U D G M E N T
The petitioner is aggrieved by Ext.P8 provisional order issued
under Section 406(1) of the Kerala Municipality Act.
2. The issue, according to the petitioner, is in relation to
changing of the roof of an existing building. Initially an order
adverse to the petitioner was passed, which was the subject matter
of Appeal No.797/2009 filed before the Tribunal for Local Self
Government Institutions. By Ext.P6 order, the order impugned
therein was set aside, but however with liberty to the authorities to
take fresh steps, if circumstances justify the same. It is seen that
pursuant thereof fresh notice was issued and Ext.P8 provisional
order has been passed.
3. On receipt of Ext.P8, the petitioner has filed her reply
also. There has not been any progress in the matter. In the
meanwhile, this writ petition has been field complaining that
unsustainable proceedings have been initiated against her, and as a
WP(C) No.760/2010
-2-
result of which the petitioner is prevented from changing the roof of
her existing building. Irrespective of the contentions raised, it is
seen that proceedings evidenced by Ext.P8 are pending before the
2nd respondent. Therefore, at this stage, what is required to be
done is that the 2nd respondent, who has issued Ext.P8 should
consider the matter in the light of Ext.P9 and pass orders thereon.
Therefore, I direct the 2nd respondent to consider Ext.P8 and
pass orders thereon taking into account the contentions raised in
Ext.P9. This shall be done as expeditiously as possible, at any rate,
within ten days of production of a copy of this judgment, along with
a copy of this writ petition.
This writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg