Gladys D’ Cruz vs Corporation Of Kochi on 11 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32853 of 2006(J)


1. GLADYS D' CRUZ,
                      ...  Petitioner

                        Vs



1. CORPORATION OF KOCHI,
                       ...       Respondent

2. THE TOWN PLANNING OFFICER,

3. JESTIN JOHN, S/O. JOHN,

                For Petitioner  :SRI.DENIZEN KOMATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :11/12/2006

 O R D E R
                             PIUS C.KURIAKOSE,J.

                           ```````````````````````````

                         W.P.(C) NO. 32853 OF 2006

                           ```````````````````````````

              Dated this the 11th day of December, 2006


                                 J U D G M E N T

Heard Sri.S.Ramesh Babu, standing counsel for respondents 1

and 2 and Sri.Denizen Komath, counsel for the petitioner. Counsel for

the petitioner submits that the 3rd respondent is continuing with the

illegal construction notwithstanding the pendency of Exhibit P2. Under

these circumstances, the writ petition will stand disposed of with the

following directions.

The Secretary of the 1st respondent Corporation will immediately

facilitate conduct of a local inspection of the constructions which have

been taken up by the 3rd respondent and if he is convinced that the

constructions are illegal, he will issue stop memo to the 3rd

respondent. Thereafter, Exhibit P2 will also be taken up by him and a

decision on the issue will be taken by him with notice to the petitioner

and the 3rd respondent. Compliance with all the above directions will

be made by the 1st respondent-Secretary at his earliest, and at any

rate within six weeks of receiving copy of this judgment.

Writ petition is disposed of as above.

PIUS C.KURIAKOSE, JUDGE

Rp