JUDGMENT :

The petitioner is the owner of 3.25 cents of property and residential building therein in Survey No.906/1 of Fort Kochi Village. The 5th respondent is the owner of the adjacent property on the northern side of the petitioner's property. According to the petitioner, he constructed a single storied building in the year 2002 after obtaining building permit and the building was assigned a number by the Corporation as 11/359A. Later, the petitioner constructed two rooms in the ground floor without obtaining approved plan. The 5thpetitioner states that, at the instance of the respondent, who was working as Health Inspector in Corporation of Cochin, the Secretary of the Corporation initiated proceedings against him under Section 406(1) of the Kerala Municipality Act, 1994 (for short, 'the Act') for carrying out the aforesaid construction and issued provisional order under Section 406(2). Meanwhile, the petitioner submitted Ext.P18 application for 1st regularisation of the construction. However, the respondent, without considering the application for regularisation, issued Ext.P19 order under section 406(3) of the Act requiring the petitioner to demolish the construction.

2. Ext.P