Petition challenging demolition of a building was dismissed as withdrawn by the Court, noting that the substantive issue was already subject to a pending civil suit decree execution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
WP(C).No.14063 OF 2012(G)
PETITIONER
BALACHANDRAN AGED 38 YEARS VEGETABLE MERCHANT, DOOR NO.5/805, GUJARATHI ROAD, MATTANCHERY, KOCHI-682002.
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.M.H.HANIS MANAKAL
RESPONDENTS:
1 MR.RAJESH KUMAR AGARWAL, DWARAKA SADAN GUJARATHI ROAD, MATTANCHERY, KOCHI-682002, SECRETARY KALPA THARU CO-OPERATIVE HOUSING SOCIETY LTD., 6/2180, MATTANCHERY VILLAGE, KOCHI-682002.
CORPORATION OF KOCHI, ERNAKULAM, PIN-682016.
R1 BY ADV. SRI.SAIBY JOSE KIDANGOOR R2 BY ADV. SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14063 OF 2012(G)
2
JUDGMENT
Dated this the 29th day of March 2021
This writ petition is filed by the petitioner seeking the following reliefs.
"i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 to 4 to take effective action against the 1st respondent to prevent him from the demolishing the building in question.
ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent 5th respondent to take immediate action on Ext.P2 so as to prevent the building in question from being demolished.
iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to pay adequate compensation to the petitioner for the damage caused to the shop in his possession, in addition to his right to recover damages in tort."
3
WP(C).No.14063 OF 2012(G)
building which has architecture value shall not be demolished.
and an additional affidavit showing the then
condition of the building.
up, learned senior counsel appearing for the petitioner submitted that, in view of the subsequent development that has taken place consequent to filing of O.S.No.155/2012 before the Munsiff's Court, Kochi and E.P.No.89/2017 pending in the decree passed by the Munsiff's Court Kochi
in the afore specified suit, the direction sought
for in the writ petition has become almost infructuous. Therefore the writ petition may be disposed of recording the above factors.
WP(C).No.14063 OF 2012(G)
materials on record.
make it clear that the issue raised in this writ petition was a subject matter of consideration in the suit specified above and I am informed that the said suit was decreed and pending execution in E.P.No.89/2017.
In that view of the matter and since the
learned counsel sought permission for dismissal of
the writ petition as withdrawn, it is only appropriate that the writ petition is disposed of accordingly. Therefore, the writ petition is dismissed as withdrawn, recording the above aspects.
Sd/-
SHAJI P.CHALY
JUDGE
Hmh
WP(C).No.14063 OF 2012(G)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEMOLISHION ORDER NO. FCP2-404/2012 DATED 07/04/2012 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PETITION DATED 08/06/2012 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE STOP MEMO NO.FCP2404/2012 DATED 07/06/2012 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE INJUNCTION ORDER DATED 08/06/2012 IA 1190/2012 IN OS 155/2012 OF THE MUNSIFF COURT-II, KOCHI.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF THE NOTICE PREFERRED BY THE RESPONDENT TO THE PETITIONER DATED 26/05/2012.
EXHIBIT R1(B) TRUE COPY OF THE ACKNOWLEDGEMENT CARD. EXHIBIT R1(C) TRUE COPY OF THE ORDER NO. FCP2404/2012 ISSUED BY THE CORPORATION DATED 07/04/2012.
EXHIBIT R1(D) TRUE COPY OF THE COMMUNICATION NO. FCP2-404/12 OF THE RESPONDENT CORPORATION DATED 04/06/2012.
EXHIBIT R1(E) TRUE COPY OF THE ORDER NO.FCP2-404/2012 DATED 12/06/2012.
EXHIBIT R1(G) (1). TRUE COPY OF THE ORIGINAL PHOTOGRAPHS. (2). TRUE COPY OF THE ORDER DATED 23/07/2012 IN IA 1190/2012 IN OS 155/2012.
EXHIBIT R1(H) TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER AND EXECUTIVE ENGINEER.
WP(C).No.14063 OF 2012(G)
| EXHIBIT R1(I) | TRUE COPY OF THE TRIBUNAL IN REVIS 55/2012. |
ORDER PASSED BY THE ION PETITION NO. |
|---|---|---|
| EXHIBIT R1(J) | TRUE COPIES OF PH THE PRESENT POSIT |
OTOGRAPHS EXPLAINING ION OF THE BUILDING. |
| EXHIBIT R1(K) | TRUE COPY OF THE 24/07/2016. |
PETITION DATED |
| EXHIBIT R1(L) | THE PETITIONER IS NOTICE ISSUED BY 29/07/2016. |
ALSO PRODUCING AT RDO, FORT KOCHI DATED |
| EXHIBIT R1(M) | TRUE COPY OF THE 28/07/2016. |
REPORT DATED |
| EXHIBIT R1(N) | TRUE COPY OF THE BY MORE THAN 400 |
MASS PETITION SIGNED PEOPLES. |
| EXHIBIT R1(O) | TRUE COPY OF THE | MASS PETITION. |
Balachandran
Mr.Rajesh Kumar Agarwal
Corporation of Kochi
Assistant Executive Engineer Corporation of Kochi
Assistant Commissioner of Police Mattanchery
Central Archeological Superintendent
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
