IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 12906 of 2003(J)
1. THESSIAMMA VARGHESE
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. CORPORATION OF KOCHI, REPRESENTED BY
For Petitioner :SRI.DENIZEN KOMATH
For Respondent :SRI.K.R.SUNIL
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :17/10/2006
O R D E R
KURIAN JOSEPH, J.
-------------------------
O.P.No.12906 OF 2003
--------------------------
Dated this the 17th October, 2006
J U D G M E N T
The writ petition is filed with the following prayers:-
i) To call for the entire records pertaining to the
issuance of Exts.P2 and P5 impugned orders, and issue
a writ of certiorari, any other order, writ or direction,
to quash the same.
ii) Issue a writ of mandamus, any other order, writ
or direction, directing the respondents herein to
regularise the alleged unlawful construction of this
petitioner, in accordance with the Kerala Municipality
Act & Rules.
iii) Issue a writ of prohibition, prohibiting the
respondents, from initiating any action to demolish
any part or portion of petitioner’s residential building.
There is already an interim order in C.M.P.No.21936/2003.
It is seen from the impugned Ext.P5 order that the petitioner is
willing to demolish the alleged unauthorised construction as and
when steps are taken for widening of the road. It is also seen
from the impugned proceedings that she is living with his
mentally ill son. There is no counter affidavit. Petitioner
undertakes that as and when the space is required for widening
the road, the disputed unauthorised construction will be
unconditionally demolished by her. This writ petition is disposed
O.P.No.12906/2003 2
of making it clear that as and when steps are taken for widening
the road, in case the petitioner does not demolish the
unauthorised construction, it will be open to the respondents to
demolish the same. Till such time there shall be no further steps
pursuant to Ext.P5.
(KURIAN JOSEPH, JUDGE)
ps
O.P.No.12906/2003 3
KURIAN JOSEPH, J.
O.P.No.12906/2003
JUDGMENT
17th October, 2006