IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33272 of 2010(H) --------------------------------------- PETITIONER(S): ---------------------- 1. ABDUL KASIM, S/O.LATE MUSTAFA KANI RAWTHER, RESIDING AT 'MUMTAZ', P.H.ROAD, CEMETERY JUNCTION, ERNAKULAM-682 018. 2. YASMIN BACKER, W/O.ABOOBACKER, RESIDING AT M.I.G.HOUSING COLONY, HOUSE NO.414, PANAMPILLY NAGAR, ERNAKULAM-682 036. 3. WAHEEDA MUSTAFA, W/O.MOHAMMED MUSTAPHA, RESIDING AT PAWATHU PUTHEN VEEDU, VAIKOM, RANNI. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.C.A.ANOOP. RESPONDENT(S): -------------------------- 1. THE KOTTAYAM MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KOTTAYAM P.O., 686 001. 2. THE SUPERINTENDENT OF POLICE, KOTTAYAM P.O., 686 001. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM WEST P.O., 686 001. 4. THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST P.O., 686 001. 5. S.D. SAYED ISMAIL, LANKA STORES, DOOR NO.KMC XIII/56, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 6. SITHI FOUZIYA, LANKA STORES, DOOR NO.KMC XIII/56, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. WP(C).No. 33272 of 2010(H) 7. PARTHASARATHY, BUILDING NO.KMC XIII/54, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 8. GOPALAKRISHNAN, BUILDING NO.KMC XIII/53, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 9. RAJAN, BUILDING NO.NMC XIII/53, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 10. VELAYUDHAN, BUILDING NO.KMC XIII/52, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 11. V. GOKULAM, POPULAR HARD WARES, BUILDING NO.KMC XIII/63, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 12. SARASAPPAN ACHARY, BUILDING NO.KMC XIII/64, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 13. M. ABUBEKER, MANAVATTI MOBILE & T.V.SHOP, BUILDING NO.KMC XIII/65, 66, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 14. K.K. THANKACHAN, EMPIRE GLASS HOUSE, BUILDING NO.KMC XIII/592 & 69, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 15. JOLLY MATHEW, EMPIRE GLASS HOUSE, BUILDING NO.KMC XIII/592 & 69, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 16. THARUN MATHEW, EMPIRE GLASS HOUSE, BUILDING NO.KMC XIII/592 & 69, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. WP(C).No. 33272 of 2010(H) 17. VIJAYAKUMAR, LEKSHMI JEWELLERY, BUILDING NO. XIII/593, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 18. M/S.KRISHNAN NAIR TIMES & JEWELS PVT.LTD REPRESENTED BY MR.K. VENUGOPAL, BUILDING NO. XIII/594, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 19. ALEX VENKEDATHU, VENKEDATHU BANKERS, BUILDING NO. XIII/590, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 20. ANNAMMA ALEX VENKEDATHU, VENKEDATHU BANKERS, BUILDING NO. XIII/590, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 21. K.H. MOHAMMED ISMAIL, BUILDING NO. XIII/591, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 22. ABDUL SALAM, BUILDING NO. XIII/70, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. 23. ABDUL KHADER, BUILDING NO. XIII/71, ERICK MAHAL BUILDING, OPPOSITE MUNICIPAL BUILDING COMPLEX, T.B.ROAD, KOTTAYAM P.O., 686 001. R2 TO R4 BY GOVT. PLEADER MR.T.K. VIPINDAS. R1 BY ADV. SRI.SIBY MATHEW, SC, SRI.PHILIP J.VETTICKATTU, SRI.B.PREMNATH. R5 TO R10, R12 TO R14,R17, R18, R22 & R23 BY ADV. SRI.SURIN GEORGE IPE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33272 of 2010(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT TO RESPONDENTS 5 TO 23 DATED 30/03/2010. EXT.P2: COPY OF THE NOTICE ISSUED BY THEPETITIONERS TO RESPONDENTS 5 TO 23 DATED 14/05/2010. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE FIRST RESPONDENT DATED 14/05/2010. EXT.P4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE SECOND RESPONDENT DATED 15/10/2010. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE THIRD RESPONDENT DATED 15/10/2010. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE FOURTH RESPONDENT DATED 15/10/2010. RESPONDENT'S EXHIBITS: EXT.R18(a): COPY OF THE ORDER OF THE TRIBUNAL DATED 16/08/2010. //TRUE COPY// P.S. TO JUDGE rs K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.33272 of 2010 ---------------------------------------- Dated this the 9th day of November 2010 J U D G M E N T K.M.JOSEPH,J The petitioners have approached this Court seeking the following reliefs: i) issue a writ in the nature of mandamus directing respondents 2,3 and 4 to grant effective police protection to the petitioners to demolish the dangerous building and remove the debris in compliance with Ext.P1 series notices. ii) issue a writ in the nature of mandamus directing respondents 2,3 and 4 to consider Exts.P4, P5 and P6 on merit expeditiously after affording to the petitioners a reasonable opportunity of being heard and take follow up action; iii) issue a writ in the nature of mandamus directing the first respondent to demolish the Erick Mahal Building and remove the debris forthwith lest any untoward incident happens due to the collapse of the dangerous structure; W.P.C.No.33272 of 2010 2 2. Briefly put, the case of the petitioners is as follows: 3. Petitioners are the co-owners of a commercial complex known as 'Erick Mahal Building' situated in the heart of Kottayam town and respondents 5 to 23 are the tenants occupying different shops therein. The 1st respondent issued Ext.P1 series notices with copies to respondents 5 to 23 to demolish the Erick Mahal Building and remove the debris. The petitioners issued Ext.P2 notices to the tenants. Ext.P3 is the representation made by the petitioners to the Municipality seeking extension of time. Thereafter, noting the obstructionist attitude of respondents 5 to 23, the petitioners filed Exts.P4 to P6 representations before respondents 2 to 4. 4. Aggrieved by the inaction on the part of respondents 2 to 4, the petitioners have come to this Court. Counter affidavit is filed by respondents 5, 7 to 10 and respondents 12 to 14, 17, 18, 22 and 23 wherein the respondents have produced R-18(a). R18 (a) is the copy of the order of the Tribunal for Local Self Government Institutions, Thiruvananthapuram on the appeal filed by the 18th respondent and his son. The Tribunal has allowed the appeal and set aside Ext.P1 dated 30/03/2010. W.P.C.No.33272 of 2010 3 5. We have heard Adv.Sri.V.Chitambaresh, learned senior counsel for the petitioners, the learned counsel for the party respondents and the learned Government Pleader. We notice that the very notice issued by the Municipality is the basis of the petitioners' case and it is no longer existent having regard to the order passed by the Tribunal. In such circumstances, we do not feel that the petitioners can claim any relief in the writ petition. The petitioners have a case that the petitioners have not been impleaded and should have been impleaded before the Tribunal. 6. The writ petition is dismissed without prejudice to any of the rights available to the petitioners including the right of the petitioners to impugn the order of the Tribunal, if so advised. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.33272 of 2010 4 W.P.C.No.33272 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010