Ajith Kumar vs Kalamassery Municipality on 3 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31108 of 2009(G)


1. AJITH KUMAR, S/O.ASOKAN, AGED 39,
                      ...  Petitioner

                        Vs



1. KALAMASSERY MUNICIPALITY,
                       ...       Respondent

                For Petitioner  :SRI.DENIZEN KOMATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/11/2009

 O R D E R
         THOTTATHIL B. RADHAKRISHNAN, J.

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            W.P.(C).No.31108 of 2009-G

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     Dated this the 3rd day of November, 2009.

                     JUDGMENT

Petitioner says that there is imminent danger to

the building and the compound wall belonging to

him. He further says that the compound wall

collapsed when the respondent Municipality was

laying a drain by improving an old one. The

learned counsel for the Municipality states that

though the compound wall had fallen down,

necessary support was immediately built under the

supervision of the petitioner’s engineer and the

petitioner was permitted to put up the compound

wall. The respondent assures through its counsel

that all care and caution will be taken to ensure

that no damage is caused to the building of the

petitioner. Obviously, even if such an

eventuality happens, the petitioner will have

remedy by way of compensation also. Recording the

submission of the respondent, this writ petition

is closed without prejudice to other reliefs.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/181109