IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 575 of 2009(R)
1. RAJALAKSHMI, D/O.PRASANNAKUMARI
... Petitioner
Vs
1. CORPORATION OF THIRUVANANTHAPURAM
... Respondent
For Petitioner :SRI.M.RAJAGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :20/01/2009
O R D E R
S.SIRI JAGAN, J
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W.P(C)No. 575 of 2009
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Dated this the 20th day of January, 2009
J U D G M E N T
Certain constructions made by the petitioner in her property was
directed to be demolished as per Ext.P8 order of the 1st respondent
Corporation. When Ext.P4 show cause notice which culminated in
Ext.P8 was issued to the petitioner, the petitioner filed Ext.P5 reply and
Ext.P6 application seeking regularisation of the construction. The
petitioner’s grievance in this writ petition is that without passing orders
on Ext.P6 application for regularisation, the 1st respondent is taking
steps to implement Ext.P8 order of demolition. The petitioner therefore
seeks the following reliefs:
“i) A writ of mandamus or other appropriate writ, order or
direction may be issued commanding the respondent to grant
permission by regularizing the alteration in accordance with Exhibit-P7
plan and Exhibit-P6 application within a time limit to be prescribed by
this court.
ii) To call for the records leading to Exhibit-P8 quash the same
by issuing a writ of certiorari finding that it is passed violating the
statutory provisions.”
2. I have heard the senior counsel appearing for the respondent
also.
3. The learned senior counsel appearing for the Corporation
W.P(C)No. 575 of 2009 – 2 –
supports Ext.P8 order. However, I am of opinion that having received
Ext.P6 application for regularisation of the construction, the Corporation
has a duty to dispose of the same expeditiously before resorting to
demolition.
4. In the above circumstances, I dispose of this writ petition with
a direction to the 1st respondent to consider and pass orders on Ext.P6
application for regularisation of the construction made by the petitioner,
as expeditiously as possible, at any rate, within one month from the
date of receipt of a copy of this judgment. Till orders are passed on
Ext.P6 application submitted by the petitioner status quo as on today
shall be maintained.
S.SIRI JAGAN, JUDGE
rhs