writ petition regarding conversion of recreation area by residents deemed infructuous as similar directions issued in related pending proceedings before the Division Bench.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938
WP(C).No. 3577 of 2010 (V)
PETITIONER:
ABM TOWER RESIDENTS ASSOCIATION, KADAVANTHARA, KOCHI-20, REPRESENTED BY ITS PRESIDENT, SIBI THOMAS, AGED 55 YEARS, S/O.THOMAS, 8B2, ABM TOWERS, KADAVANTHARA, KOCHI-20.
BY ADVS.SRI.SANTHEEP ANKARATH SMT.BINDU GEORGE
RESPONDENT(S):
1. CORPORATION OF COCHIN, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, ERNAKULAM.
2. M.K.ABRAHAM, S/O.M.G.KOSHI, 10B1, ABM TOWERS, KADAVANTHARA, KOCHI-20.
3. VINU KOSHY ABRAHAM, S/O.M.K.ABRAHAM, DO. DO.
4. SUB INSPECTOR OF POLICE, KADAVANTHARA POLICE STATION, KADAVANTHARA, KOCHI-20.
R1 BY SRI.S.RAMESH BABU, SC R2 & R3 BY ADVS. SRI.K.RAVI (PARIYARATH)
SRI.G.SREEKUMAR (CHELUR) R4 BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mbr/
K. VINOD CHANDRAN, J.
=====================
W.P.(C) No.3577 of 2010- V
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Dated this the 22nd day of November, 2016
J U D G M E N T
The petitioner, an association of residents, was aggrieved with the attempt of the respondents 2 and 3 to convert the recreation area of a multi-storied residential complex
for their own use. At the time of admission, on 03.02.2010, the
following order was passed.
Admit. Notice by Special Messenger to respondents 2 to 4. Standing Counsel takes notice of 1st respondent.
Petitioner's complaint is that in order to defeat Ext.P3 order passed by the first respondent, respondents 3 and 4 are demolishing and converting the recreation area on the first floor of the building ABM Towers, of which they are the residents. Taking into account the above submission it is directed that on the production of a copy of this order, respondents 1 and 4 will ensure that no demolition in the recreation area of the building in question is continued.
Petitioner shall produce a copy of this order before respondents 1 and 4 for compliance.
2
W.P.(C) No.3577 of 2010- V
3
W.P.(C) No.3577 of 2010- V
is carried on by the respondents 2 and 3 in the said premises. In the totality of facts, the present writ petition is rendered infructuous. The very same directions as noticed herein above, have been issued by the Division Bench. The said directions issued in the writ petition would be made absolute, subject however to the result of the aforecited proceedings before the Division Bench.
The writ petition would stand closed as infructuous.
Sd/-
K. VINOD CHANDRAN, JUDGE
SB/23/11/2016
// true copy //
P.A to Judge
ABM TOWER RESIDENTS ASSOCIATION
CORPORATION OF COCHIN
M.K.ABRAHAM
VINU KOSHY ABRAHAM
SUB INSPECTOR OF POLICE, KADAVANTHARA POLICE STATION
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
