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