IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7193 of 2008(F)
1. MR.JOY E.P. @ JOSEPH, AGED 57,
... Petitioner
Vs
1. THE SECRETARY,
... Respondent
2. THE ASST.EXECUTIVE ENGINEER,
3. ANGANVADI, NO.147, ELAMAKKARA
For Petitioner :SRI.T.K.RADHAKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :17/03/2008
O R D E R
PIUS.C.KURIAKOSE, J.
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W.P.(c).No.7193 OF 2008
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Dated this the 17th day of March, 2008
JUDGMENT
Petitioner has filed this writ petition seeking a direction to the
respondents namely the authorities of Cochin Corporation as well as
the management of Anganvadi No.147, Elamakkara, a project of ICDS
to demolish what the petitioner describes as unauthorised construction
of a building put up by the third respondent on road puramboke. It is
alleged that this construction is on the Edapally Raghavan Pillai Road
at Elamakkara and is causing considerable hindrance and difficulties to
general public including the petitioner who are having right of
enjoyment of the road for all purposes.
Heard both sides. Standing counsel for the Corporation on the
basis of the written instructions received from the second respondent
submits that the so called unauthorised construction is a building which
accommodates Anganvadi No. 147 and has been in existence for the
past more than 25 years. Since the roof of the said building was in a
state of dis-repair and since the roof posed danger to the small kids
WPC.No.7193/08 2
attending the Anganvadi, the child welfare committee recommended
that necessary repairs should be undertaken immediately lest the safety
of the children should be in peril. It was decided to undertake the badly
need repairs of the roof portion as well as the floor and the interior of
the room. Standing counsel has placed before me four photographs.
These photographs will be placed on record. A perusal of the
photographs will reveal that the building in question is an old one and
what has been done is to increase the height of the building by adding 3
layers of hollow bricks and also to repair the floor, the cracks on the
walls etc. of the building. It is difficult to accept the case of the
petitioner that a new building has been put up recently after
demolishing the existing building. I am not inclined to grant the reliefs
sought for. But since the Corporation is yet to take a formal decision
on the complaint submitted by the petitioner, I dispose of the writ
petition directing the corporation to hear the petitioner before final
orders are passed on Ext.P4.
PIUS.C.KURIAKOSE
JUDGE
sv.
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