Harun-Ul-rashid, J.

1. Ext.P9 interim order dated 29.10.2012 passed by the Ombudsman for Local Self Government Institutions is under challenge in W.P. (C) Nos. 26589/2012 and 27119/2012. Following the earlier ex-parte interim orders, the Ombudsman for Local Self Government Institutions passed Ext.P9 order dated 29.10.2012 stating that permission to start a Pizza Hut cannot be granted. The Ombudsman further directed the Corporation not to grant licence to start Pizza Hut. The petitioner in W.P. (C) No. 26589/2012 is M/s. SMA Restaurant and Services Private Limited. The petitioner in W.P. (C) No. 27119/2012 is M/s. Nikunjam Harmony Constructions Private Limited. The petitioners in W.P. (C) No. 21723/2012 is the Nikunjam Harmony Apartment Owners Association and its President. The subject matter of the first two writ petitions is the legality and propriety of the interim order passed by the Ombudsman and seeking consequential reliefs. The facts and exhibits produced in the writ petitions are more or less the same. The parties as arrayed in W.P. (C) No. 26589/2012 and exhibits produced in the said writ petition are mentioned in this common judgment for brevity and for avoiding repetition.

2. M/s. Nikunjam Constructions Private Limited (hereinafter referred to as the builder) is the builder of a multi storied residential cum commercial building having 36 apartments and having a plinth area of 7252.98 sq. m. consisting of basement floor, ground floor + 11 floors constructed in the property having an extent of 35.46 cents situated at Sasthamangalam Village, Thiruvananthapuram. M/s. SMA Restaurant and Services Private Limited, the petitioner in W.P. (C) No. 26589/2012, under a licence deed entered into with the builder, took possession of the commercial portion in the ground floor for establishment of a restaurant. The builder is the 4th respondent. Respondents 5 to 8 are the owners of apartments in the multi storied building named as Nikunjam Harmony.

3. The 4th respondent builder is the petitioner in W.P. (C) No. 27119/2012. Respondents 4 to 6 in the said writ petition are respondents 5, 7 and 8 respectively in W.P. (C) No. 26589/2012. The 1st petitioner in W.P. (C) No. 21723/2012 is the Nikunjam Apartment Owners Association and the 2nd petitioner is Sri. E.K. Sreedharan Nair, who is the 7th respondent in W.P. (C) No. 26589/2012 and 5th respondent in W.P. (C) No. 27119/2012. The Nikunjam Harmony Apartment Owners Association was later impleaded as additional 9th respondent in W.P. (C) No. 26589/2012. The facts of the cases in brief are as follows:

The multi storied building is constructed in an extent of 35.46 cents of properties in Sasthamangalam Village. The builder represented by the Managing Director had entered into an agreement with the land owners for the joint construction and development of multi storied building in the property of 35.46 cents of land. The agreement dated 13.11.2006 is produced as Ext.P2 in W.P. (C) No. 27119/2012. The land owners on the same day executed a power of attorney in favour of the Managing Director of the builder company. Pursuant to Ext.P2 agreement and power of attorney, the builder obtained licence and permission from the statutory authorities for the construction of a multi storied building. Thereafter, a multi storied building was constructed in the name and style Nikunjam Harmony. At the time of construction, portions of the ground floor and first floor are converted as commercial areas. During the course of construction the builder submitted a revised plan dated 15.5.2009 before the Corporation for approval. The Corporation approved the completion plan, regularised the construction and issued occupancy certificate. Ext.P2 series are the copies of the approved completion plans issued by the Corporation. Ext.P3 is the order dated 5.4.2011 issued by the Corporation regularising the construction. Thereafter, the Corporation issued occupancy certificate, a copy of which is marked as Ext.P4.