V PRAFULLCHANDRAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who claims to be the former Municipal Chairman of Nedumangad Municipality, has filed this writ petition mainly seeking a direction to the Nedumangad Municipality and the Chief Town Planner, Trivandrum, to take a decision on Ext.P3 representation. He has also prayed for an order restraining the 4th respondent from proceeding with the construction of the building referred to in Ext.P3 without obtaining the permission of respondents 2 and 3.

(2.) The pleadings and the materials on record disclose that by Ext.P2 judgment delivered on 8.12.2009 in W.P(C)No.18134 of 2009, in which the petitioner herein was the 4th respondent, a learned single Judge of this Court had held that if the 4th respondent carries out the rectifications suggested by the Government in Ext.P1 order dated 5.11.2007 the Chief Town Planner shall, after inspection, certify whether the government order has been complied with and that in the event of the Chief Town Planner certifying that the government order has been complied with, the Nedumangad Municipality shall take necessary steps to regularise the construction. In Ext.P3 representation the petitioner has also sought the intervention of respondents 2 and 3 to stop the construction of the building.

(3.) Pursuant to an interim order passed by this Court on 8.9.2010 the Regional Town Planner, Trivandrum has submitted a report dated 6.10.2010. Paragraphs 2 and 3 thereof read as follows:-