IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17760 of 2007(L)
1. SMT. P.A.KOMALAM, AGED 64,
... Petitioner
2. VALSAN T.N., AGED 36,
3. THAMPI T.N., AGED 33,
Vs
1. STATE OF KERALA, REP. BY SECRETARY,
... Respondent
2. THE ASST. EXE. ENGINEER,
3. THE TRIPUNITHURA MUNICIPALITY,
For Petitioner :SRI.VARGHESE C.KURIAKOSE
For Respondent :SRI.V.M.KURIAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :07/04/2009
O R D E R
P.R. RAMACHANDRA MENON, J.
........................................................................
W.P.(C) No.17760 OF 2007
.........................................................................
Dated this the 7th April, 2009
J U D G M E N T
The Writ Petition is filed challenging Ext. P8 notice dated
25.05.2007, particularly referring to the outcome of O.S.No.1025
of 1997 of the Munsiff’s Court, Ernakulam.
2. The learned Government Pleader, on the basis of the
instructions received, submits that the action being pursued is
only in respect of the property comprised in Sy. No.1453//11;
whereas the property admittedly belonging to the petitioners is
in Sy. No.1453/6. That apart, when the matter came up for
consideration before this Court on 13.06.2007, this Court had
passed an interim order of stay as prayed for, directing the
respondents No.1 and 2 not to demolish the building bearing
Door No.632/21 (the old number was 733/16 and referred to as
Door No.EL./XXVI/599 in Ext.P8). It was also made clear in the
said interim order that the said order will not preclude the
respondents from proceeding further after issuing a notice to the
petitioners, affording them an opportunity of hearing and to
adduce evidence, passing a speaking order. It has also been
W.P.(C) No.17760 OF 2007
2
observed that while passing the said order, that the respondents
shall consider the earlier judgment of the Civil Court regarding
the right of the petitioners over the property in question.
3. The learned counsel appearing for the petitioners, the
learned Standing Counsel for the third respondent/Municipality as
well as the learned Government Pleader submit that the position
as on this date can be ascertained only after getting necessary
instructions from the parties concerned. Obviously, the interim
order passed by this court takes care of the adverse
circumstances met by the petitioners and it casts a liability on
the concerned respondents to pass a speaking order before
proceeding with further steps. This being the position, the
interim order dated 13.06.2007 is hereby made absolute and it
is declared that the respondents can proceed with further steps
only after finalising the issue as made clear by this Court vide
the interim order dated 13.06.2007.
The Writ Petition is disposed of accordingly.
P.R. RAMACHANDRA MENON,
JUDGE.
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