In a writ petition challenging unauthorized construction of an Anganvadi building on road puramboke, the Court directed the Corporation to hear the petitioner before passing final orders on the complaint.
Directed the Corporation to hear the petitioner before passing final orders on the complaint submitted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929
WP(C).No. 7193 of 2008(F)
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PETITIONER:
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MR.JOY E.P. @ JOSEPH, AGED 57, S/O.PAPPY, EACHARANGATTU VEEDU, PANAYIDA LANE, ELAMAKKARA - 682 026.
BY ADV. SRI.T.K.RADHAKRISHNAN SMT.K.L.SREEDEVI
RESPONDENTS:
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1. THE SECRETARY, OFFICE OF THE CORPORATION OF KOCHI, ERNAKULAM, COCHIN - 682 011.
2. THE ASST.EXECUTIVE ENGINEER, CORPORATION ZONAL OFFICER, EDAPPALLY.
3. ANGANVADI, NO.147, ELAMAKKARA A PROJECT OF ICDS, CORPORATION OF KOCHI.
BY ADV.SRI.S.RAMESH BABU, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PIUS.C.KURIAKOSE, J.
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.
WPC.No.7193/08 2
1 issue framed by the court
Whether the petitioner is entitled to a warrant of demolition for alleged unauthorized construction of an Anganvadi building.
MR.JOY E.P. @ JOSEPH
THE SECRETARY, OFFICE OF THE CORPORATION OF KOCHI
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
