2025:KER:23141 WP(C) NO. 10433 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946 WP(C) NO. 10433 OF 2025 PETITIONER(S): FR PAULSON KOTTIATH, AGED 63 YEARS S/O. PAPPACHAN, PARISH PRIEST, MOUNT CARMEL CHURCH, VERAPOLY ARCHDIOCESE, CHATHIATH, KOCHI, ERNAKULAM, PIN – 682012. BY ADVS. SHERRY J. THOMAS JOEMON ANTONY ANTONY NILTON REMELO RENISH RAVEENDRAN ANJANA P.V. RESPONDENT ( S ) : 1 THE MUNICIPAL CORPORATION OF KOCHI, REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD, MARINE DRIVE, KOCHI, PIN – 682011. 2 THE SECRETARY, MUNICIPAL CORPORATION OF KOCHI, PARK AVENUE ROAD, MARINE DRIVE, KOCHI, PIN – 682011. 3 THE ASSISTANT EXECUTIVE ENGINEER, MUNICIPAL CORPORATION OF KOCHI, PARK AVENUE ROAD, MARINE DRIVE, KOCHI, PIN – 682011. SRI.K.JANARDHANA SHENOY - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:23141 WP(C) NO. 10433 OF 2025 2 JUDGMENT The petitioner has approached this court, being aggrieved by Ext.P10 order issued by the respondent Corporation under Section 406(3) of the Kerala Municipality Act, requiring the petitioner to demolish a portion of the building, which, according to the respondent, is unauthorizedly constructed. 2. Even though various contentions have been raised by the petitioner, I am of the view that, as the impugned order is appealable before the Tribunal for Local Self- Government Institutions, this appeal need not be entertain. 3. However, the learned counsel for the petitioner expressed an apprehension that, even before invoking the statutory remedies, the Ext.P10 order is likely to be implemented, which would prejudice the interests of the petitioner. In such circumstances, I am inclined to grant a breathing time for the petitioner to invoke the said remedies. Accordingly, this writ petition is disposed of, directing the respondents to keep further proceedings pursuant to 2025:KER:23141 WP(C) NO. 10433 OF 2025 3 Ext.P10 in abeyance till the expiry of a period of 15 days from the date of receipt of a copy of this judgment, to enable the petitioner to invoke the statutory remedies. Sd/- ZIYAD RAHMAN A.A. JUDGE mea 2025:KER:23141 WP(C) NO. 10433 OF 2025 4 APPENDIX OF WP(C) 10433/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER DATED 06- 11-2023 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 THE TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 16-11-2023 Exhibit P3 THE TRUE COPY OF THE HEARING NOTICE DATED 05-12-2023 Exhibit P4 THE TRUE COPY OF THE LETTER TO THE PETITIONER DATED 09-05-2024 Exhibit P5 THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 24-05-2024 Exhibit P6 THE TRUE COPY OF LETTER DATED 14.8.2024 ISSUED BY 3RD RESPONDENT TO PETITIONER Exhibit P7 THE TRUE COPY OF THE RTI REPLY DATED 27.9.2024 Exhibit P8 THE TRUE COPY OF THE ORDER DATED 1.10.2024 Exhibit P9 THE TRUE COPY OF THE REPLY DATED 6.11.2024 ALONG WITH THE STATEMENT OF WITNESSES Exhibit P10 THE TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT 24-02-2025