ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment of a Division bench of the Kerala High Court by which the judgment of the learned Single judge was set aside and the writ appeal was allowed.

( 2 ) BACKGROUND facts in a nutshell are as follows: respondent No. 4 in CMP No. 35930 of 1998 in O. P. No. 12701 of 1998 was the 4th respondent in writ petition also. According to the respondent No. 1 he was the tenant of a building called 'jaya building ' Main Road, Kollam. The tenancy was given by one Durairaja Reddiar by executing an agreement of lease dated 6. 1. 1994. This lease deed enabled him to make alterations in the building. Accordingly he effected some alterations in the building. When it was found that the alterations were effected he received from the Kollam municipality an order directing him to demolish the structure which according to the Municipality was unauthorized. Against the order of the Municipality respondent No. 1 approached the Government. The Government issued an order dated 22. 6. 1998 which was annexed as Ext. P5 to the writ petition, directing the respondent No. 1 to submit an application to the local authority seeking regularization of the