High Court Kerala High Court

Rosy Antony vs The Thrissur Corporation on 12 December, 2007

Kerala High Court
Rosy Antony vs The Thrissur Corporation on 12 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33539 of 2006(P)


1. ROSY ANTONY,
                      ...  Petitioner

                        Vs



1. THE THRISSUR CORPORATION,
                       ...       Respondent

2. A.A.JOSE, AGED 76,

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :12/12/2007

 O R D E R
                        PIUS C. KURIAKOSE,J.
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                       W.P.(C) No.33539 of 2006
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                      Dated: 12th December, 2007

                                JUDGMENT

The 2nd respondent has filed a counter affidavit wherein it is

claimed that in obedience to the directions in Ext.P4 order he has

already demolished the objectionable structures. He relies on Ext.R2

(b) series of photographs in substantiation of his averments. The

Stand of the Corporation in its counter affidavit is that the 2nd

respondent has started demolishing the objectionable structures and

to a certain extent has demolished them. But the beams and pillars

despite demolition were seen protruding into the petitioner’s

property. Now the claim of the 2nd respondent in the counter affidavit

is that even those protruding structures have been removed. The 2nd

respondent has also stated in the counter affidavit is that he is ready

and willing to obey any direction which may be issued to him by the

Corporation. Under these circumstances, the Writ Petition will stand

disposed of issuing the following directions:

The Secretary of the Corporation will conduct an inspection of

the premises of the 2nd respondent with notice to the petitioner within

one month of receiving copy of the judgment. If the inspection

reveals that some more structures are to be demolished by the 2nd

W.P.C.No.33539/06 – 2 –

respondent, necessary instructions in that regard will be given to the

2nd respondent and the 2nd respondent will be bound to obey those

instructions.

srd                               PIUS C.KURIAKOSE, JUDGE