Elsamma J.Chalamana vs The Secretary on 24 March, 2008

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Kerala High Court
Elsamma J.Chalamana vs The Secretary on 24 March, 2008
       

  

  

 
 
  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.

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