IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28955 of 2008(V)
1. P.K.CHAKKUNNY, S/O.P.C.KUNHIPALU
... Petitioner
Vs
1. CORPORATION OF KOCHI,
... Respondent
2. SECRETARY, CORPORATIN OF KOCHI,
3. ASSISTANT EXECUTIVE ENGINEER,
4. ARUN KUMAR, ARUN NIVAS, 41/3220
For Petitioner :SMT.R.RANJINI
For Respondent :SRI.SAJAN VARGHEESE K.
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/11/2008
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 28955 of 2008
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Dated this, the 18th November, 2008.
J U D G M E N T
The dispute in this writ petition is as to whether the building
occupied by the petitioner as a tenant, which building is owned by the
4th respondent, is in a dangerous condition has to be demolished.
According to the 4th respondent, it is in such a dangerous condition
that if it is not demolished immediately, it would cause danger to not
only the occupants but also the public. This is strongly disputed by
the petitioner. According to the petitioner, the building is not in a
dangerous condition so as to attract Section 411 of the Kerala
Municipality Act.
2. I am not inclined to go into the merits of the contentions
now. I am of opinion that the matter should be considered by the
Corporation after hearing the petitioner as well as the 4th respondent
and obtaining a detailed report from the building inspector, who shall
inspect the building and file a detailed report, copies of which shall be
made available to the petitioner as well as the 4th respondent. The
petitioner has already filed Ext. P9 objections to the proposal for
demolishing the building. If the 4th respondent so wishes, he also can
file his pleadings in the matter before the Corporation. The
Corporation shall take a final decision in the matter after hearing
both sides, as expeditiously as possible, at any rate, within one month
from the date of receipt of a copy of this judgment. The writ petition
is disposed of as above.
Sd/- S. Siri Jagan, Judge.
Tds/
[True copy]
P.S to Judge.