IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36523 of 2008(W) --------------------------------------------- EP 421/2007 IN OS.587/2002 of PRL.M.C., KANNUR .................... PETITIONERS: 1. K.T.ABDUL SATHAR, S/O.ALI, 44 YEARS, BUSINESS, RESIDING IN A.P.HOUSE, LABBA STREET, FORT ROAD, KANNUR-670001. 2. CHEVAKKARA MAHAMOOD, S/O.ALI, 53 YEARS, BUSINESS, RESIDING IN A.P.HOUSE, LABBA STREET, FORT ROAD, KANNUR-670001. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: 1. PANAKKAT NAZARUDDIN, S/O.LATE KUNHIMOOSA, 47 YEARS, EMPLOYED IN GULF, RESIDING AT KANNUR II AMSOM, CITADAL, KANATHUR WARD, KANNUR-670 001 THROUGH HIS MUTHTHIAR HOLDER PANAKKAT, SIRAJUDDIN, S/O.LATE KUNHIMOOSA, 30 YEARS, RESIDING AT 'CITADAL', KANATHUR WARD, KANNUR-670001, KANNUR TALUK. 2. KANNUR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, KANNUR-670 002. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.36523 of 2008 W -------------------------- JUDGMENT Petitioners are defendants 2 and 3 in O.S.No. 587/02 on the file of the Principal Munsiff's Court, Kannur. As per Exhibit P1 judgment passed in the said suit, petitioners were directed, by a mandatory injunction, to demolish the unauthorised constructions made by them violating the Building Rules specified as plots C and D in the Commissioner's report and plan and ordering further that on failure, plaintiffs can do the same through process of court at the cost of defendants. 2. It is the case of the petitioners that the Municipality has not issued any sketch for the sanctioned portion of the bunk shop and it is highly necessary to have the sketch as otherwise plots C and D in the Commissioner's report if demolished, the sanctioned portion of the bunk will also be demolished. Such contentions from the side of the judgment debtor cannot be heard on execution WPC 36523/08 2 side, as the decree provides that the portions, which are to be demolished, are portions of the bunk shown as plots C and D in the Commissioner's report and plan. Petitioner himself has produced Exhibit P8 stating it to be a true copy of the plan submitted by the Commissioner and that shows plots C and D are on either sides of the B bunk. Constructions on plots C and D are to be demolished in compliance with the decree. Petitioners are not entitled to any relief in this writ petition so as to interfere with the execution of the decree passed by the court below. This writ petition is, hence, dismissed. 11th December, 2008 (K.P.Balachandran, Judge) tkv