IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C) No. 7876 of 2008(K) 1. ELSAMMA J.CHALAMANA, OLLUKKARA P.O. ... Petitioner Vs 1. THE SECRETARY, ... Respondent 2. THE ASSISTANT ENGINEER, 3. SMT.JANCY, D/O.NALLANKARA THIMATHY, 4. SMT.JINCY, For Petitioner :SRI.M.V.BOSE For Respondent :SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO The Hon'ble MR. Justice PIUS C.KURIAKOSE Dated :24/03/2008 O R D E R PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - W.P.(c).No.7876 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2008 JUDGMENT
Sri.K.B.Mohandas sought for time to get instructions in the matter.
Having considered the grounds raised in the writ petition and the prayers
made therein and contentions raised by respondents 3 and 4 through their
counter affidavit as well as the rival submissions addressed at the Bar, I am of
the view that relief which could be legitimately aspired for by the petitioner
has already been granted to the petitioner by interim order dated 18/03/2008.
The Corporation is directed to ensure that the above interim order is obeyed
by respondents 3 and 4. If the Corporation feels on the basis of the local
inspection already conducted that building Rules have been violated and that
the terms of the permit has been deviated from, the Corporation will initiate
appropriate action in accordance with the statutory provisions. If the local
inspection already conducted is without notice to the petitioner, the
Corporation will conduct a further local inspection with notice to the
petitioner and respondents 3 and 4.
PIUS.C.KURIAKOSE
JUDGE
sv.